Happell, J.

1. The question to be decided is whether the appeal lies to this Court or whether it should be filed in the Court of the District Judge of Chittoor. The appellant valued his suit at Rs. 3,100, but the learned Subordinate Judge being of opinion that in addition to the fee for the declaratory relief an ad valorem fee on a valuation of Rs. 5,862-6-2 had to be paid, gave time for payment of the fee on the value fixed by him and as the fee was not paid, rejected the plaint. The appeal now in question has been filed against the order of the Subordinate Judge rejecting the plaint.

2. Section 13 of the Madras Civil Courts Act provides that " Appeals from decrees of Subordinate Judge shall lie to the District Court except when the amount or value of the subject-matter of the suit exceeds Rs. 5,000 in which case the appeal shall lie to the High Court." And it has been long settled that the money value of the suit fixes the jurisdiction for appeal and not the amount or value of the subject-matter in dispute in the appeal, Muthuswami Pillai v. Chidambara Chetti (1874) 7 M.H.C.R. 356. The question therefore is whether the money value of the present suit is the value given by the