ORDER :- The question in this revision petition relates to the interpretation of S.38 of the Rajasthan Court Fees and Suits Valuation Act, 1961. Sub-S. (1) of S.38 with which I am concerned in the present revision petition reads as under :-

"38. Suits for cancellation of decree etc.

(1) In a suit for cancellation of a decree for money or other property having a money value, or other document which purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest in money, movable or immovable property, fee shall be computed on the value of the subject-matter of the suit, and such value shall be deemed to be

(a) if the whole decree or other document is sought to be cancelled, the amount or value of the property for which the decree was passed or other document was executed, and

(b) if a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property."

2. Thus, in a suit for cancellation of a document the court fee has to be computed on the value of the subject matter of the suit and such value has to be determined when the whole of the document is sought to be canc