1. The short question that falls for determination in this revision petition is whether the suit involving prayer of declaration with injunction is governed by Sec. 7 (iv) (c) of the Court Fees Act and how much court fee is payable on the plaint?

2. The Plaintiffs have brought a suit for declaration with injuction against the residents of Hajan in respect of a plot of land as described in the plaint. The Plaintiffs have valued the relief of declaration for purposes of jurisdiction at Rs. 3000/-and have paid Rs. 10/- as court fees, and have also valued relief relating to injuction for purpose of jurisdiction at Rs. 10/-and have paid court fees ad-valorem on Rs. 10/-. When the case came up before the learned Sub-Judge, he ordered the plaintiffs to pay court fees ad-valorem on both the relief sought as in the view of the learned Judge the suit was governed by Sec 7 (iv) (c) of the Court Fees Act.

3. Appearing for the petitioners Shri S. K. Chaku has canvassed the proposition that the suit brought by the plaintiffs is in essence one for declaration. The relief of injuction sought by them is only ancillary and not consequential. According to the learned counsel the suit is not governed

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