Rajasthan Court Fees & Suit Valuation Act, 1961–Sec. 35(1)–Prayer to dismiss the suit on the ground of pecuniary jurisdiction–Dismissal of–Justification–Suit for partition and permanent injunction–Plaintiff himself admitted that his share in property was worth more than Rs. 25,000/- –Trial Court exceeded its jurisdiction in entertaining the suit–Trial Court granted the permission to plaintiff to amend the plaint without passing the order on the preliminary issue no. 9–Trial Court granted the relief which was never even prayed for and the relief which was prayed for was neither granted nor refused–Impugned order quashed and set aside and matter remanded back for deciding the application afresh.


