Govinda Menon, J.-The learned Subordinate Judge has evidently lost sight of the existence of Order 7, rule 11 of the Code of Civil Procedure. Having found that the plaint has not been properly valued, the learned Judge should have, in accordance with the provisions of Order 7, rule 11 of the Code of Civil Procedure directed the plaintiff to value it properly and only after his failure to do so, rejected the plaint. As it is, the procedure adopted by the learned Judge is not justifiable. The suit should not have been dismissed because the plaint was under-valued. The counsel for the respondents did not seek to justify the decision of the lower Court because patently it is unjustified and he wisely refrained from supporting the decision. In these circumstances the decree of the lower Court is set aside and the suit is remanded to the Subordinate Judge of North Arcot at Vellore to be disposed of according to law. The costs of this appeal will abide and follow the result of the further hearing of the suit in the Court below. If the parties desire to adduce any additional evidence, the learned Judge will allow them to do so, though such a direction is unnecessary. As the appellant is a pauper and no court-fee has been paid, there need be no direction regarding refund of court-fee. V.S. ------ Appeal allowed.