, J.

1. This is a petition under Section 115 of the Code of Civil Procedure against the order of the Subordinate Judge, Ist Class, Jagraon, refusing to try the following issue as a preliminary issue:-

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"Whether the suit is properly valued for the purposes of court-fee and jurisdiction ?"

The other issues in the case are:--

1. Whether the plaintiff is the owner of the property in dispute?

2. Whether Messrs. Bhana Mal Brij Lal is a necessary party, being tenants in the property in dispute?

3. Whether the plaintiff is estopped from suing by his acts and conduct?

4. Whether Brij Lal, father of defendants 1 to 6 was a statutory tenant of defendant 7 ? If so, its effect?

5. To what amount the plaintiff is entitled on account of mesne profits from defendants 1 to 6?

6. Relief.

2. The suit was for the possession of shop and its mesne profits. The value for purposes of court-fee was fixed at Rs. 2000/- for possession of the shop and Rs. 3000/- tentatively for the relief with regard to mesne profits. An objection was raised by the defendants-petitioners that the suit had not been properly valued for the purposes of court-fee and jurisdiction, which led to the framing of the prelimin