JUDGMENT :- Facts leading to this revision petition may shortly be stated as follows : On 2nd May 1961 a suit was brought by Bawa Bir Singh against Ali Niwaz Khan who had migrated to Pakistan praying for a declaration to the effect that a sum of Rs. 52,000/- lying to the credit of the defendant in the current account of the State Bank of India at Ferozepore exclusively belonged to the plaintiff, that the plaintiff was entitled to receive this amount from the State Bank, Ferozepore, and that the defendant was not entitled to receive the same. The plaintiff treated this suit as a purely declaratory one and in paragraph 9 of the plaint he mentioned that the court-fee payable was fixed, being Rs. 19.50 nP., and the value for purposes of jurisdiction was Rs. 52,000/-. The case proceeded ex parte but after the recording of the ex parte evidence the suit of the plaintiff was dismissed by the trial Court. The plaintiff filed an appeal in the Court of the Senior Subordinate Judge on 14th February 1962. Apart from other grounds, it is necessary to refer to ground No. 11 which is to the following effect : -

"That on a declaratory suit court-fee payable is Rs. 19.50 nP. under Schedule II, Artic

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