Rajasthan Court Fees & Suit Valuation Act, 1961–Sec. 24–Code of Civil Procedure, 1908–Order 7, Rule 10–Return of plaint to fulfill the deficiency of the Court Fees–Justification–Observation of Trial Court that the valuation of the suit property is a mixed question of facts and law–This observation was right but view of returning the plaint upon this point was self-contradictory–After giving such findings, Trial Court cannot direct the petitioner to fulfill the deficiency–It would be rather more appropriate if both the parties are allowed to adduce their respective evidence qua the question–Impugned order set aside and the suit is restored with the direction of framing the preliminary issue qua the valuation of Court Fees.
