ORDER :- The plaintiff in the suit is the revision petitioner. He filed the suit against the Electricity Board for a declaration that the application of Tariff Code mentioned in the plaint is arbitrary, illegal and ultra vires and for an injunction restraining the defendants Board from collecting the amount. The plaintiff valued the suit under S.25(d) of the Court-fees Act, and a Court-fee of Rs. 30-50 was paid on each of the two reliefs. On objection, the lower court took up the issue of Court-fee as a preliminary issue and held that the plaintiff is bound to pay the Court-fees for the amount which he wants to save by filing the suit, in other words the plaintiff was directed to pay the Court-fee on the bill amount of Rs. 5000 and odd. The plaintiff is aggrieved and he has come forward with this revision.

2. I have heard learned counsel for both sides. This suit is for a declaratory relief not covered by S.25(a)(b) or (c), of the Act. The consequential relief of injunction is not with reference to movable property and hence S.25(b) will not apply. No relief of declaration is sought for in respect of title to any immovable property. Only the mode of classification of the pl