BAHARUL ISLAM, J. :- This application under S.115 of the Civil P.C. is by the plaintiff and is directed against the order dated 16-8-1976 passed by the Second Subordinate Judge, Manipur, directing him to value his suit and pay Court fee at an amount much higher than at what he valued it.

2. The plaintiffs suit was "for declaration that the decree dated 26-2-1973 in O.S. No. 4 of 1973 of the Subordinate Judge (II) is illegal, void and not binding on the plaintiff," and "for a permanent injunction restraining the defendant No. 1 (O. P. No. 1 herein) from proceeding with the execution of that decree." The plaintiff-petitioner valued his suit at rupees 4,200/- both for the Courts jurisdiction and the Court-fee under S.7(iv)(c) (wrongly typed as 7(v)(c) in the plaint) of the Court-fee Act and paid ad valorem court-fee on that amount.

3. The brief facts material for the purpose of the disposal of the controversy before us may be stated follows :

Opposite Party No. 1 (State Bank India) brought Original Suit No. 4 of 1973 in the Court of the Second Subordinate Judge, Manipur, against the Opposite Party No. 2, M/s Medico Drug House, Paona Bazar, Imphal, as defendant No. 2 and the pres