Sankar Prasad Mitha, C.J. - (1.) This appeal is directed against an order of Sabyasa-chi Mukharji, J. dated the 17th March, 1978. By this order the learned trial Judge held that the plaintiff in the suit was liable to pay the court-fees for the sum of Rs- 10,000/-within a specified time. In defaut, the suit was to stand dismissed with costs. It appears that Sm. Maitroyi Mishra the defendant No. 7 in the suit had made an application, inter alia, for an order that court-fees payable by the plaintiff be assessed at Rs. 10,000/-and the plaintiff be directed to pay the deficit court-fees of Rs. 9,991-75 within a week and in default, the suit be dismissed with costs. There was also a prayer for taking the plaint off the file. The learned trial Judge had decided the question of court-fees but with regard to the other prayers, he has said that the applicant would be at liberty to urge and take the points involved at the hearing of the suit.
(2.) In this appeal, therefore, we are primarily concerned with court-fees. There is a cross-objection with respect, inter alia to the prayer for taking the plaint off the file but we do not propose to make any order on the cross-objection for reasons to be hereinafter stated.
(3.) On the question of court-fees we have to consider certain provisions of the West Bengal Court-fees Act, 1970 which was enacted to amend and consolidate the law relating to court-fees in the State of West Bengal. Section 7 (iv) (b) of this Act runs thus ; "Section 7. Computation of fees payable in certain suits: The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows : (iv) In suits- (b) for declaratory decree and consequential relief- to obtain a declaratory decree or order, where consequential relief is prayed, according to the amount at which the relief sought is valued in the plaint or memorandum of appeal subject to the provisions of Section 11.";