The Court fees for a suit for permanent injunction shall be computed according to the value of the subject matter of the suit.

1. - Since all these matters raise identical questions of law and facts, I propose to dispose them of together by this order.

2. Facts. S.B. Civil Revision Petition No. 611/95 relates to Civil Suit No. 79/93 Bankat Lal Jugal Kishore pending in the Court of learned Munsif & Judicial Magistrate. Deedwana whereas 713/95 is with regard to Civil Suit No. 74/83 also pending in the Court of learned Munsif & Judicial Magistrate, Deedwana and 712/95 relates to Misc Case No. 24/93 also pending in the above Court. In Revision Petition No. 611/95 the leamedtrial Court by its order dated 18.9.1993 disposed of two applications filed by the defendant purporting to be under section 26 of the Rajasthan Court Fees and Suits Valuation Act r /w Section 151 CPC (for short the Act). The defendant alleged that the Then market value of the property in dispute was not less than Rs. 3 lacs. The plaintiff c. i 'it to have paid Court fees accordingly and it is so held, the suit will be outside the jurisdiction of the trial Court. The learned Munsif heard both the parties and held that the valuation of the suit property was appx. Rs. 20,000/- and the plaintiff ought to have paid Court fees according to the provisions . 26-A of the of Section.

3. In Revision Petition No. 713 / 95 the plaintiff filed a suit for permanent injunction against the defendant and the defendant resisted the suit on several grounds. In the relief para the plaintiff made the following prayer :

"fd LFkkbZ fu"ks/kkKk bl vk'k; dh oknh ds i{k esa o izfroknhx.k ds fo:) tkjh dh tkos fd izfroknh Lo;a vFkok vius ,tsUVksa ds ek/;e ls oknh en la[;k esa of.kZr tehu o ml ij cuh gqbZ rkehjkr ls oknh dks csn[ky ugha djs vkSj oknh ds LoNUn ,oa Lora= mi;ksx ,oa dCts esa fcuk dkuwuh izfd;k viuk;s cy tcjh ls n[ky] gLr{ksi o deh ugha djs rFkk okn izLrqr djus ds i'pkr~ o nkSjku nkok ;fn izfroknhx.k oknh dks csn[ky djus esa lQy gks tkrk gS rks oknh dks iqu% dCtk vkns'kkRed fu"ks/kkKk ds }kjk fnyok;k tkosA"

4. Without passing any separate or specific order with regarding to the objections raised by the defendants regarding inadequacy of Court fees and want of jurisdiction, the learned trial Court referred to the order passed by him in Civil Misc. Case No. 25/93 dated 18.9.1993 and stated that since in that case the Court had passed an order that the Court had no jurisdiction, a similar order was also passed in this case.

5. That fact of the third Revision Petition namely 712/95 will depend upon the decision of the first two Revision Petitions.

6. Learned appellate Court by the impugned order set aside the order of the trial Court and by referring to the reliefs claimed by the plaintiff in each case held that the plaintiff has correctly evaluated the reliefs sought by him and the Court fees was accordingly paid in accordance with the provisions of the Act. He, therefore, allowed the appeals and set aside the impugned orders of the trial Court.

7. I have heard learned counsel for the parties.

8. Learned counsel for the petitioner has raised a preliminary objection that no revision under section 115 CPC lies to this Court and derives support from the law laid down in Ratna Verma Raja v. Smt. Vimla, 1961 SC 1299 . The ratio in this case was laid down while interpreting Section 14 of the Madras Court Fees and Suits Valuation Act (14 of 1955) and Section 12(2). He also referred another ruling given in Jagmohan v. Champa Lal & Anr., 1985(1) CCC 845 , in which the law laid down in Shri Ratna Verma Raja's case was followed. He, therefore, contended that the revision petitions be dismissed on this ground alone.

9. Learned counsel for the petitioners, on the other hand, submitted that such disputes are being regularly and frequently referred to the High Courts and are being adjudicated. Number of decisions are available even of our own High Court.

10. It may be stated that the provisions contained in sub-section (2) of Section 12 of the Madras Court Fees and Suits Valuation Act are paramateria with sub-section. (2