JUDGMENT

Scott-Smith, J. - This is a second appeal upon a question of costs. The plaintiff-appellant sued for an injunction restraining the defendants from demolishing and rebuilding certain houses. On the day before the defendants' reply was put in, the plaintiff put in an application in Court saying that for certain reasons given he wished to withdraw his suit. The Trial Court upon this dismissed the suit with costs. The plaintiff appealed to the District Judge on the question of costs and his appeal was dismissed.

2. The only point argued before me is as to the amount of Pleader's fee allowed. The Trial Court allowed Rs. 200 calculated at five percent on the value for purposes of jurisdiction as given in the plaint. The contention on behalf of the appellant is that the fee should be calculated upon the value of the suit as fixed by the plaintiff for purposes of Court fee namely upon Rs. 110. The suit is one of the nature described in Section 7(i)(d) of the Court Fees Act and in such a suit the amount of Court fees shall be computed according to the amount at which the relief sought is valued in the plaint and in accordance with Section 8 of the Suits Valuation Act the value as determinable for the computation of Court fees and the value for purposes of jurisdiction shall be the same. The plaintiff could not therefore fix the value for purposes of jurisdiction at Rs. 4000 and that for purposes of Court-fees at Rs. 110. He paid Court fees on Rs. 110 only and, therefore, it is clear that the value for purposes of Court fees was put at that sum and the value for purposes of jurisdiction must be held to be the same : see Barru v. Lachhman [1913] 111 P.R. 1913. The Court ought to have asked the plaintiff to re-state the value but it did not do so and, therefore, I think Rs. 110 must be taken as the value for both purposes, In these circumstances Pleader's fees should be calculated on Rs. 110 and according to rules it comes to Rs. 5-8 only.

3. I therefore, accept the appeal and direct that the decree be modified accordingly. Costs in this Court in the lower appellate Court shall be borne by the parties.