1. This is an application for leave to appeal to His Majesty in Council. The plaintiff succeeded in the Court of first instance but his suit was dismissed by this Court and he is the applicant before us. There is no dispute that the subject-matter of the suit was over Rs. 10,000. The question we have to decide is, what is the value of the subject-matter in dispute on appeal to His Majesty in Council? Is it Rs.10,000 or upwards or less than Rs. 10,000.

2. We called for a report from the lower Court and that report has now been received. According to it, the value of the subject-matter in dispute on appeal is only Rs. 7,066.

3. First dealing with Sch. A to the plaint, we are concerned with ten items. We shall first deal with four of them, namely, items 17, 20, 21 and 22 which are Zamindari Jeroyiti lands. In respect of these plots the plaintiff gave their market value in the plaint itself. He valued them at the date of the suit at Rs. 150 an acre. The question arises. Is the plaintiff bound by this valuation? Two views are possible. The first view is that the plaintiff is absolutely precluded from contending that his valuation in the plaint is wrong; secondly, that the Court will