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Judgment
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.
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. Kali Kumar Patra 32 C. 734.
We have been pressed by a decision of the Court in Dayaram v. 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.
We, therefore, make the rule absolute and set aside the order of the lower Court with costs.