( 1 ) PLAINTIFF instituted suit against the defendants seeking relief on restraining them not to disconnect the electricity supply to his workshop 'vinay Agro Industries Khurai (Sagar)' pursuant to additional bills served on the plaintiff by the defendants for an amount of Rs. 2, 14,747. 00. The defendants contested the suit. They preferred an application under Order 7 Rule 11 read with Section 151 Code of Civil Procedure, 1908 alleging that the plaintiff had valued the suit for Rs. 600. 00 and paid Court-fee of Rs. 60. 00 though his prayer was against recovery of Rs. 2,14,747. 00 on which Court-fee had not been paid; therefore, the suit was liable to be rejected for arbitrary valuation. The plaintiff submitted that the suit has been filed for permanent injunction not to disconnect the electricity supply and Court-fee had been paid accordingly. Consequently, the plaint was not defective and the objection was liable to be dismissed.

( 2 ) THE objection advanced by the defendants prevailed with the trial Court which held that the plaintiff was liable to pay ad- valorem Court-fee. This view the trial Court took on the basis of this Court's judgment in Mangilal Jain v