RAMRUP DAS Vs. MOHUNT SUJARAM DAS

JUDGEMENT

(1.) This is a Rule calling on the opposite party to show cause why the order of the District Judge of Bhagalpur, dated the 2 May, 1910, holding that the Court-fee stamp of Rs. 10 was not sufficient and directing the plaintiff to value the suit and pay Court-fees upon valuation within 14 days, should not be set aside, on the ground that the order is erroneous in law on the authorities under the Civil P. C..

(2.) On the hearing one objection raised against the Rule was that the Rule ought to have been also on the Senior Government pleader on behalf of Government as the revenue was affected. We acceded to this and have now heard the learned Senior Government Pleader at some length in support of the contention of the learned Vakil who showed cause against the Rule.

(3.) The first objection that was taken to the Rule was that it was incompetent inasmuch as the learned Judge did not pass any final order deciding valuation, and if he eventually rejected the plaint there would be a right of appeal. This is really stating that it is in the nature of an interlocutory order. But this Court has in more than one case recently interfered in interlocutory orders where such orders appear to be a denial of jurisdiction, and in this case to inform a member of the public, who is presumed to bring a declaratory suit in the interest of the public, that he cannot bring such a suit without valuing his plaint at the value of the property involved, does really, in our opinion, amount to shutting him out of the right of suit, and it would be useless to defer this matter until the plaintiff had by neglecting to take any further steps in the matter incurred the rejection of his plaint. Further if he did not think it worth while to take any farther steps in the matter, he would obviously not appeal when his plaint was rejected. We think that this is a proper case and a very proper case for our interference.