VIJAYASAMY THEVAR Vs. SASIVARNA THEVAR AND 3 ORS

JUDGEMENT

(1.) We are unable to agree with the Subordinate Judge that in the present suit any consequential relief is prayed for. Upon the face of the plaint it is one for mere declaration-The stamp duty due in respect of the declarations sought for, having been paid, the Subordinate Judge was in error in holding that an ad valorem duty of Es. 3,000 with reference to the value of the Zemindari of Shivaganga in regard to which the declarations are sought was payable upon the plaint.

(2.) We think, however, that the order rejecting the plaint must be upheld on the ground that this not a fit and proper case for the grant of relief by way of declaration, and if it were otherwise, on the ground that the claim is a vexatious one which should not be allowed to be proceeded with.

(3.) Now as to the first ground. The declarations prayed for are: 1. That the proceedings and the decrees and judgments in O.S. No. 78 of 1896 on the file of the Subordinate Judge of Madura East and in Appeal No. 14 of 1898, on the file of the High Court, are not binding on the plaintiff; 2. that the adoption of the second defendant is not valid; and 3. that the will referred to in paragraph 11 of the plaint is not binding on the plaintiff.