( 1 ) HEARD counsel for both sides. This matter has to be disposed of at the threshold at the admission stage before the parties sink deep into the procedural quagmire and reach a point of no return. The point agitated is short and simple though it involves a tricky and ticklish question of law. By the Impugned order, the defendant-petitioner's application was dismissed summarily without holding an enquiry into his grievance. The application was filed under Section 151 of the Code of Civil Procedure read with Section 8 of the Suits Valuation Act with the prayer that the Court may return the plaint to the plaintiff with the direction for filing the same in the proper Court having jurisdiction over the subject-matter of the dispute. The trial Court took the view that the application was misconceived because it was not open to the defendant to raise the objection without filing a written statement. Nothing more is said as to why the application was not entitled to consideration of the Court. In doing so, I have no doubt that the trial Court has failed to exercise the jurisdiction vested in it, by refusing to look into the provisions of Order 8, Rule 1, as also Order 7,