Monoj Kumar Mukherjee, J. - (1.) This revisional application is directed against order No. 55 dated 11.3.87 passed by the learned Assistant District Judge, Burdwan in Title Suit No. 142 of 1983 calling upon the petitioner to pay further Court fees of Rs. 5,671 85 p on his plaint.
(2.) The petitioner has filed the suit against the West Bengal State Electricity Board ('Board' for short) challenging the legality and validity of its demand for a further sum of Rs. 5,22,543 63 p for consumption of electricity in his Cold Storage and threat of disconnection of supply of electricity in case of non-payment. The petitioner has prayed for permanent injunction restraining the Board from taking such a course of action on a declaration that the demand is void, illegal, ultra vires and not binding upon him. In paragraph 13 of the plaint the petitioner has averred that for the purposes of Court fees and jurisdiction the reliefs for declaration and injunction have been valued at Rs. 5,22,543 64 p and Rs. 99/- respectively and accordingly fixed Court fees of Rs. 10/- for declaration and ad valorem Court fees for injunction have been paid.
(3.) After entering appearance the Board questioned the sufficiency of the Court fees paid, contending that as the permanent injunction was a consequential relief, the computation was to be made in accordance with section 7(iv) (b) of the West Bengal Court Fees Act, 1970 ('Act' for short). In opposing the above contention the petitioner submitted that as the relief for injunction was an Independent relief Court tees was rightly computed and paid in accordance with section 7(iv)(c) of the Act read with Article 15(iii) under Schedule 11 of the Act. As the learned Judge accepted the contention of the Board, the petitioner has preferred the Instant application.;