VACHHANI KESHABHAI BALIABHAI Vs. VACHHANI NANBHA BAWAJI

JUDGEMENT

(1.) The question that we have to decide is whether in a suit for a declaration and consequential relief the Court must accept the value of the relief stated in the plaint for the purpose both of the Court-fees and jurisdiction.

(2.) We think that the words of Section 8 of the Suits Valuation Act, VII of 1887, lead to that conclusion; and we find that this was the view taken by the Calcutta High Court in Hari Sankar Dutt V/s. Kali Kumar Patra 32 C. 734.

(3.) We have been pressed by a decision of the Court in Dayaram V/s. Gordhandas, 8 Bom. L.R. 885 but that is a case which is clearly distinguishable, because the learned Judges there treated it as a suit in which there was a claim for possession.