JUDGMENT :

K.P. Mohapatra, J. - This revision is directed against the order passed by the Munsif, First Court, Cuttack refusing to frame an additional issue regarding valuation of the counter claim made by opposite party No. 1 (Defendant No. 1) and pecuniary jurisdiction of the Court to try the suit and dispose of the same as a preliminary issue.

2. The facts relevant for dispol of this civil revision are recounted below:

The Petitioner (Plaintiff) instructed a suit against opposite party No. 1 for permanet judgment refering him from coming upon the suit land with an area or A.O. 48 decimals appertaining to plot No. 2108 in khata No. 351 of Cuttack Khasmahal included in holding No. 171 of the Cuttack Municipality. The suit was valued at Rs. 10840 for the purpose of court-fee and jurisdiction and court-fee worth Rs. 11.25 was paid. Opposite party No. 1 filled his written statement in which besides giving reply to the facts stated in the plaint challenging under valuation of the suit, he made acounter claim for declaration of his title in respect of the suit land confirmation of his possession in respect thereof and for permanet injunction. He valued the counter claim at Rs. 100.00 for