Sudhindra Mohan Guha, J. - (1.) This Rule at the instance of the plaintiff-petitioner arises out of order No. 77, dated 22nd February, 1978 passed by Shri A.K. Das Gupta, the learned Subordinate Judge, 4th Court, Alipore in T. S. No. 121 of 1968, whereby he held that the suit should be valued under Section 7 (vi) of the Court-fees Act.
(2.) Earlier the plaintiff-petitioner came to this Court in revision being Civil Rule No. 628 of 1970 against certain orders of the learned Subordinate Judge. While discharging the revision a Division Bench of this Court gave out certain directions to decide the issue as to the value and court-fees namely, the issue No. 1. It was further observed by their Lordships that in their view the suit was governed by the provision of Section 7 (vi) of the Court-fees Act.
(3.) The petitioner then went in appeal by special leave to the Supreme Court.;