( 1. ) THIS revision under Section 115 Civil P. C, is by the plaintiff against the order, dated 20-8-1959, passed by Shri A. K. Pandey, Second Civil Judge, Class II, Jabalpur, in Civil Suit No. 135-A of 1959 holding that the valuation of the relief of injunction claimed in the plaint at Rs. 500/-was inadequate and that the real valuation would be Rs. 47,400/ -. Although originally the trial Judge demanded court-fees on the valuation of Rs. 47,400/-, the learned Judge, by a later order, held that he could not demand court-fees, as he had no jurisdiction to try the suit on the valuation as found. Therefore, he ordered the plaint to be returned for presentation to proper Court under Order 7, Rule 10, C. P. C. That order was passed on 28-8-1959. Although that order may be appealable under Order 43, Rule 1 (a), C. P. C. , revision under Section 115, C. P. C. , would be competent against the previous order, dated 20-8-1959.

( 2. ) THE parties entered into an agreement, dated 26th July, 1958, regarding the lease of a cinema theatre, by which the cinema theatre belonging to the first non-applicant was agreed to be leased out to the applicant. It is not necessary to reproduce the t