Rajasthan Court Fees & Suit Valuation Act, 1961–Sec. 40(a)–Code of Civil Procedure, 1908–Order 7, Rule 11–Findings of Trial Court that the valuation/Court fees would be determined after the issue being framed–Justification–Suit with the prayer of relief of specific performance of the contract–Plaintiff specified the consideration amount of Rs. 1,19,74,254/- and prayed that the defendant should be directed to provide the stone/raw material of this amount–Suit is to be valued on the basis of relief as prayed for it in the suit–Court fees is required to be determined in terms of provisions of Section 40(a) and matter does not fall under the Clause (e) of Section 40–Findings of Trial Court are erroneous–Quashed and set aside and directed to pass the order in regard to appropriate court fee.
