Mithan Lal, J. - (1.) This civil revision filed by the Chief Inspector of Stamps arises out of the following circumstances.
(2.) Some of the Parsis of Allahabad have brought a suit for injunction restraining the defendants, who are also members of the Parsi community, from interfering with the rights of the plaintiffs or other Parsis of Allahabad to enter peacefully in the Fire Temple and perform the religious rites etc. The Inspector of Stamps, who has inspected the file, made a report that the relief sought by the plantiffs was a composite relief for declaration and injunction and consequently court-fee was payable under Section 7 (iv) (a) of the Court-fees Act The court below did not agree with the report of the Inspector of Stamps. It held that the suit was a mere suit for substantive relief for injunction and court-fee was payable under Section 7 (iv-B) (b) of the Court-fees Act. It is against this order that the present revision has been filed.
(3.) It has been contended by the learned Standing Counsel in this case that having regard to the allegations made in the various paragraphs of the plaint, it appears that the relief was to obtain a declaration of the plaintiff's right to worship in the temple and to restrain the defendants from interfering with the plaintiff's right of worship. His contention is that even though the relief as worded may appear to be a mere relief for injunction, yet it is a composite relief consisting of a declaration with a consequential relief of injunction. I do not agree with the learned argument of the learned Standing Counsel in this behalf.;