ACHUTA BHATTA Vs. MANJUNATHAYYA

JUDGEMENT

(1.) WE are of opinion that a suit for a declaration of right in respect of immoveable property is not a suit in which the subject matter of the claim does not admit of valuation" within the meaning of Art. 35 of the rules framed under the Legal Practitioners Act. Such a suit falls within Art". 31 and a reference to Rule 33 which defines the expression, the amount or value of the claim occurring in Rules 31 and 32, clearly shows that Rule 31 is not confined to cases in which Court fees are payable ad valorem. Our answer to the question referred is in the affirmative.