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Chief Inspector of Stamps, U.P., Allahabad Vs. Mahanth Laxmi NaraIn and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberCivil Revn. No. 526 of 1963, connected with Spl. Appeal Nos. 27, 33 and 34 of 1961
Judge
Reported inAIR1970All488
ActsCourt-fees Act, 1870 - Sections 7; Uttar Pradesh Court-fees (Amendment) Act
AppellantChief Inspector of Stamps, U.P., Allahabad
RespondentMahanth Laxmi NaraIn and ors.
Appellant AdvocateGopi Nath, Adv.
Respondent AdvocateC.B. Misra, Adv.
DispositionRevision dismissed
Excerpt:
civil - valuation of court-fee - section 7 (iv)(a) and (iv-b) of court-fees act, 1870 - relief of declaration and injunction claimed - nature of relief of injunction considered for valuation of court-fee - injunction not an 'consequential relief' with declaration - court-fee to be valued under section 7 (iv-b) and not under section 7 (iv)(a). - - babu lal air1932all485 ,a full bench of five judges of this court has laid down certain conditions or tests which should all be satisfied before a relief can be called a consequential relief. the revision and the special appeals have been referred to this bench to consider whether the conditions and tests laid down by the full bench for determining whether a relief is a consequential relief or not still hold good. 12,000/-.he accordingly.....g.c. mathur, j.1. the main question for determination in these cases is whether the two suits, out of which the special appeals and the civil revision arise, are covered by sub-section (iv) (a) of section 7 of the court-fees act, as amended in u. p. in both the suits, reliefs for declaration and injunction have been prayed for. the contention of the chief inspector of stamps is that both the suits are to obtain declaratory decrees where the consequential relief of injunction has been prayed for and are, therefore, governed by sub-section (iv) (a) of section 7 of the act. according to him, since the consequential relief in both the suits is with' reference to immovable property, court-fee has to be paid on the full value of the immovable property. the plaintiffs in the two suits, on the.....
Judgment:

G.C. Mathur, J.

1. The main question for determination in these cases is whether the two suits, out of which the special appeals and the civil revision arise, are covered by Sub-section (iv) (a) of Section 7 of the Court-fees Act, as amended in U. P. In both the suits, reliefs for declaration and injunction have been prayed for. The contention of the Chief Inspector of Stamps is that both the suits are to obtain declaratory decrees where the consequential relief of injunction has been prayed for and are, therefore, governed by Sub-section (iv) (a) of Section 7 of the Act. According to him, since the consequential relief in both the suits is with' reference to immovable property, court-fee has to be paid on the full value of the immovable property. The plaintiffs in the two suits, on the other hand, say that the injunction prayed for is not a consequential relief to the declaratory relief and the suits are not governed by Sub-section (iv) (a). According to them they are liable to pay a fixed court-fee under Article 17 (iii) of Schedule II on the relief of declaration and a separate' court-fee under sub-section (iv-B) (b) of the Section 7 on the relief of injunction on one-tenth of the value of the immovable property in the first suit filed in 1953 and on one-fifth of the value of the immovable property in the second suit filed in 1960.

The plaintiffs have further contended that, even if the suits are covered by Sub-section (iv) (a), the relief of injunction should be valued in accordance with the provision of Sub-section (iv-B) (b) which lays down how a relief for injunction has to be valued for purposes of payment of the court-fee. The question can conveniently be split up into the following two questions:--

1. Whether the relief of injunction prayed for in the two suits is a consequential relief to the relief of declaration? and

2. how is the relief in the two suits to be valued if they are governed by Sub-section (iv) (a)?

2. So far as the first question is concerned, the controversy is as to what is the meaning of the expression 'consequential relief' used in Sub-section (iv) (a). In Kalu Ram v. Babu Lal : AIR1932All485 , a Full Bench of five Judges of this Court has laid down certain conditions or tests which should all be satisfied before a relief can be called a consequential relief. This decision was given in respect of Section 7(iv)(c) of the Act before its amendment in the U. P. Legislature. The revision and the special appeals have been referred to this Bench to consider whether the conditions and tests laid down by the Full Bench for determining whether a relief is a consequential relief or not still hold good. The questions arise in the circumstances set out below:--

3. Suit No. 83 of 1953, out of which the special appeals arise, was filed by Sri N.A. Guzdar and 16 other Parsis against Sri S.T. Shapoorji and 24 other Parsis on the allegation that 'The Barame Jashane Roze Bahram Mandali' of Allahabad was a socio-religious association of the Parsis, that it had constructed a hall known as Bazam Gandhi Hall, that a meeting was convened on February 14, 1952, for winding up the Mandali and for transferring the hall and that the meeting and the resolutions passed thereat were illegal and not binding. The relief prayed for were:

1. That it may be declared that the entire proceedings of meeting of 14-2-1952, including the resolutions passed thereat are illegal, ultra vires and null and void as regards the Mandali which is neither bound by them nor can be wound up for any reasons whatsoever.

2. That the defendants be restrained from interfering with or obstructing in any manner whatsoever the plaintiffs in the use and enjoyment of the 'Bazam Gandhi Hall' property belonging to the Mandali, as members thereof.'

The first relief of declaration was valued at Rs. 5,000/- and the fixed court-fee of Rs. 18/12/- was paid thereon. The relief of injunction was valued at Rs. 200/-and a court-fee of Rs. 50/- was paid thereon. The defendants raised an objection that the suit was one for a declaration of this consequential relief of injunction and court-fee was payable ad valorem on the value of the immovable property under Sub-section (iv) (a). The Civil Judge held that the suit was for a declaration with a consequential relief of injunction, that the consequential relief was in respect of immovable property, that the relief was incapable of valuation and, therefore, the court-fee was payable on the market value of the immovable property which was Rs. 12,000/-. He accordingly directed the plaintiffs to make good the deficiency which amounted to Rs. 986/2/-. Against this order, the plain- tiffs filed F.A.F.O. No. 299 of 1959. J.D. Sharma, J., who heard the appeal, affirmed the decision of the Civil Judge that the suit was for a declaration with a consequential relief but he was of the view that the relief claimed was not in respect of immovable property, and, therefore, court-fee was payable on the amount at which the two reliefs were valued in the plaint, i.e., Rs. 5,200/-. Against his judgment, three special appeals were filed, No. 27 of 1961 by the plaintiffs. No. 33 of 1961 by the defendants and No. 34 of 1961 by the Chief Inspector of Stamps. These appeals came up for hearing before a Bench, which referred them to a Full Bench.

4. The civil revision arises out of suit No. 12 of 1960 which was filed by Mahant Lakshmi Narain and two others for the following reliefs:--

'1. That it be declared that plaintiff No. 1 was the Mahant of Math Khedra and Sarbarakar of Shiv ji and of properties of the Math; and

2. That an injunction be issued restraining the defendants from interfering with the possession of plaintiff No. 1 as the Mahant and Sarbarakar over the properties, plots, crops and well in suit.'

The properties in suit were valued at Rs. 7,343/11/- and the plaintiffs paid court-fee of Rs. 100/- on the first relief and a court-fee of Rs. 237/8/- on the second relief, treating the reliefs as two distinct and independent reliefs. The suit was dismissed by the Civil Judge and an appeal was filed by the plaintiffs. At that stage, the Inspector of Stamps, reported that the court-fee paid by the plaintiffs was insufficient as the suit was governed by Sub-section (iv) (a) and court-fee was liable to be paid on the full value of the property and not on one-fifth of its value. The District Judge rejected the report, holding that the second relief was not a consequential relief and the court-fee paid separately on the two reliefs was sufficient. Against his order, the Chief Inspector of Stamps filed Civil Revision No. 526 of 1963. A learned Single Judge, before whom the revision came up for hearing, referred it to a larger Bench. The Division Bench, before which it then came up, referred It to a Full Bench.

5. The special appeals and the civil revision came up for hearing before a Full Bench consisting of Jagdish Sanal, S.D. Khare and Gangeshwar Prasad JJ. The plaintiffs in the two suits relied upon Kalu Ram's case : AIR1932All485 and contended that the cases did not fulfil the conditions laid down by the Full Bench for holding a relief to be a consequential relief and that, therefore, the suits were not governed by Sub-section (iv) (a). Jagdish Sahai and Gangeshwar Prasad JJ. doubted the correctness of the decision of the Full Bench and suggested that the case be heard by a Full Bench of more than five Judges. Kbare, J. did not doubt the correctness of the Full Bench decision and decided the case in accordance with the tests laid down therein. He held that the reliefs of injunction claimed in the two suits did not satisfy the fourth test laid down by the Full Bench and therefore. In neither suit was the relief of injunction a consequential relief. In accordance with the view of the majority, the special appeals and the civil revision have been referred to this Bench for decision.

6. In Kalu Ram's case : AIR1932All485 the plaintiffs prayed for two reliefs, i.e. :

'1. that a certain mortgage deed may be adjudged void and ineffectual against the plaintiffs and it may be cancelled; and

2. that a compromise and the decrees passed on the basis thereof may be cancelled.'

The plaintiffs apparently treated both the reliefs as declaratory reliefs valued them at Rs. 5,000/- and Rs. 6,276/3/9 respectively and paid a fixed court-fee under Article 17(iii) of Schedule II of Rs. 10/- on each relief. At that tune, the relief for cancellation of a deed or decree was not specifically provided for in the Court-Fees Act and such a suit was governed by the residuary Article 1 of Schedule I. Section 7(iv)(c) of the Act, under whichthe decision in Kalu Rani's case : AIR1932All485 was given, stood thus :

'(iv) -- In suits --

(a) ...... ...... ...... ...... ...... ...... ......

(b) ...... ...... ...... ...... ...... ...... ......

(c) to obtain a declaratory decree or order, where consequential relief is prayed,

(d) to obtain an injunction

(e) ...... ...... ...... ...... ...... ...... ......

(f) ...... ...... ...... ...... ...... ...... ......

according to the amount at which the relief sought is valued in the plaint or memorandum of appeal :

In all such suits the plaintiff shall state the amount at which he values the relief sought'

The question which arose for consideration before the Full Bench was whether the reliefs fell under Section 7(iv)(c) and were to obtain a declaratory decree with' a consequential relief or under Article 17 (iii). Schedule II, to obtain a declaratory decree where no consequential relief is prayed and, if not, whether under Article 1, Schedule I, as a plaint not otherwise provided for in the Court-Fees Act where the amount or value of the subject-matter in dispute can be ascertained or under Article 17(iv) of Schedule II, i.e., a suit not otherwise provided for and where it Is not possible to estimate at a money value the subject-matter In dispute. It was laid down by the Full Bench that a relief must satisfy the following four conditions or tests to make It a 'consequential relief' within the meaning of Section 7(iv)(c):--

'1. The relief follows directly from the declaration given.

2. The valuation of the relief is not capable of being definitely ascertained.

3. The relief Is not specifically provided for anywhere In the Act.

4. The relief Is one which cannot be claimed independently of the declaration as a substantive relief.'

The Full Bench further observed:

'If a substantive relief Is claimed though clothed in the garb of a declaratory decree with a consequential relief, the Court is entitled to see what is the real nature of the relief and if satisfied that it is not a mere consequential relief but a substantive relief, it can demand the proper court-fee on that relief irrespective of the arbitrary valuation put by the plaintiff in the plaint on the ostensible consequential relief.'

The Full Bench ultimately held that neither of the two reliefs fell under Section 7(iv)(c) or under Article 17(iii) of Schedule II but they fell under the residuary Article 1 of Schedule I.

7. The Court-Fees Act has been substantially amended in U. P. The provision corresponding to original Section 7(iv)(c) is contained in Section 7(iv)(a) Of the amended Act and is in these terms:

'7. The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:

...... ...... ...... ...... ...... ...... ...... ....... ...... ...... ...... ...... ...... ...... ....... ...... ...... ...... ...... ...... ...... ...

(iv) In suits--

(a) to obtain a declaratory decree or order, where consequential relief other than reliefs specified in subsection (iv-A) is prayed; and

(b) for accounts;

according to the amount at which the relief sought is valued in the plaint or memorandum of appeal;

Provided that in suits falling under Clause (a), where the relief sought Is with reference to any immovable property, such amount shall be the value of the consequential relief and if such relief is incapable of valuation, then the value of the immovable property computed in accordance with Sub-sections (v), (v-A) or (v-B) of this section as the case may be:

Provided further, that In all suits falling under Clause (a) such amount shall in no case be less than Rs. 300; and

Provided also, that in suits falling under Clause (b) such amount shall be the approximate sum due to the plaintiff and the said sum shall form the basis for calculating (or determining) the valuation of an appeal from a preliminary decree passed in the suit.'. ... ...... ...... ... ... ...... ...... ......

Sub-section (iv-A) deals with suits for cancellation or adjudging the instruments and decrees; Sub-section (iv-B) (b) deals with suits for injunction; Sub-section (v) deals with suits for possession of land, buildings or gardens and Sub-section (vi-A) deals with suits for partition. Most of the reliefs that can be asked for in a suit have now been specifically provided for in the amended Act.

8. For purposes of court-fee, the court must look at the reliefs as prayed for in the plaint In order to ascertain the real nature of the reliefs claimed, the substance of the plaint has to be considered. If a declaratory relief alone has been prayed, for the court cannot superadd a consequential relief which it thinks the plaintiff ought to have prayed for and treat it as a consequential relief. (See Bishan Sarup v. Musa Mal. : AIR1935All817 . Likewise, if only a substantive relief is prayed for. It is not open to a Court to add or read a declaratory relief also into it and treat it as a declaratory relief with a consequential relief. (See the Vishnu Pratap Sugar Works (P.) Ltd. v. Chief Inspector of Stamps, U, P., : [1967]3SCR920 . Court-fee has to be determined on the relief as prayed for in the suit At the initial stage of determining court-fee on a plaint, the question whether a declaratory suit is liable to be dismissed either because it does not fall within the purview of Section 42 of the Specific Relief Act 1877 (now Section 34 of the 1963, Act) or because the plaintiff has failed to sue for a further relief which was open to him or for some other reason does not arise; nor does the question arise whether the suit can succeed because only a substantive relief has been prayed for. The question of the applicability of Section 7(iv)(c) of the original Act or of Section 7(iv)(a) of the amended Act arises only when a declaratory relief and another relief have been asked for either as one composite relief or as two distinct reliefs.

8-A. If the tests laid down by the Full Bench are applied to the two suits, then the relief of injunction must be held to be not consequential relief. In fact it is difficult to conceive of any case which will satisfy all the four tests. As already observed, most of the reliefs that a plaintiff can pray for are specifically provided for in the amended Act and methods of ascertaining their valuation have _ been laid down. Thus most of the reliefs will fail to satisfy the second and the third tests. No case has been cited of a relief which cannot be claimed as an independent relief without claiming a relief of declaration also with it. The fourth test is also not likely to be satisfied in any case. This means that Section 7(iv)(a) will have no application, except in some rare case in which all these tests are satisfied. It has been contended on behalf of the Chief Inspector of the Stamps that only the first test is a valid test and there was no justification for prescribing the second, third and fourth tests and that these three tests should be discarded. The cases, which have arisen in this court after the Full Bench decision, do not reveal a uniform application of the tests laid down by the Full Bench. It is necessary to cite only some of these decisions.

9. In Chief Inspector of Stamps v. L. Kedarnath Murarka : AIR1944All113 Yorke J. held that a suit for a declaration that certain office bearers elected at a meeting were duly elected office bearers of a committee and for an injunction restraining the defendants from acting as elected office bearers of a committee was a suit for a declaratory decree in which a consequential relief was prayed for. The case of : AIR1932All485 (supra) was not noticed in this case.

10. In Sahu Madan Mohan v. Tejrarn George Coronation Hindu School Association, AIR 1949 All 207, a Bench consisting of Wanchoo and Agarwalla JJ. even though the case of Kalu Ram, : AIR1932All485 was cited before them, held that the relief of injunction prayed for in the suit for a declaratory decree was a consequential relief within the meaning of Sub-section (iv) (a). According to the learned Judges, a consequential relief meant a relief which necessarily flowed from the principal relief sought by and was a relief which could not be allowed if the principal relief was refused.

11. In Chief Inspector of Stamps, U. P. v. Sewa Sunder Lal, : AIR1949All560 , a Division Bench of this Court consisting of Wanchoo and Bhargava JJ, held that, in a suit for a declaratory decree to the effect that an order directing the plaintiff to vacate certain rooms was ultra vires and null and void, the relief of injunction prayed for restraining the defendant from interfering with the possession of the plaintiff over the rooms was a consequential relief.

12. In VibhutI Narain Singh v. Municipal Board, Allahabad, : AIR1958All41 a Division Bench of this Court consisting of V. Bhargava and Beg JJ. held that, where a declaration is sought for the existence of a right and a permanent injunction is sought, restraining some one from interfering with the exercise of that right, the permanent injunction would clearly be a relief consequential to the declaration. In this case, the learned Judges were of opinion that the first and the fourth tests laid down in Kalu Ram's case, : AIR1932All485 were, satisfied. The second and the third tests were not referred to at all though Kalu Ram's case, : AIR1932All485 was considered by them.

13. In Kanhiya Lal v. Satya Narain : AIR1965All496 , D.S. Mathur, J. held that, in a suit by the landlord for a declaration that an allotment order was void and for injunction to restrain the allottee from occupying the accommodation, the relief of injunction was a consequential relief.

14. In Sri Krishna Chandraii v. Shyam Behari Lal, : AIR1955All177 a Bench of this Court consisting of Raghubar Dayal and Roy JJ. held that, in a suit for a declaration that the plaintiff No. 2 was the Sarbarakar of the plaintiff No. 1, the relief for mandatory injunction to remove the defendant from the management of the temple of plaintiff No. 1 and for possession of the temple and the movables therein was not a consequential relief. It was held that the fourth test laid down in Kalu Ram's case was not satisfied.

15. In Murli Dhar v. Bansidhar, : AIR1963All86 , a Bench of this Court consisting of A.P. Sriyastava and Jagdish Sahai JJ. held that in a suit for a declaration that certain resolutions passed affecting the position of the plaintiff as managing partner were ultra vires and void and for an injunction restraining the defendants from interfering with the plaintiff's right in any manner, the relief of injunction was not a consequential relief. The Bench held that the relief of injunction could be sued for independently of the declaration and, therefore, did not satisfy the fourth test laid down in Kalu Ram's case, : AIR1932All485 .

16. There are many cases of other High Courts where the reliefs of injunction and possession when prayed for in a suit for declaration, have been held to be consequential reliefs. It is not necessary to cite them.

17. In Mt. Zeb-ul-Nisa v. Din Muhammad, AIR 1941 Lah 97 (FB) a Full Bench of the Lahore High Court accepted the four tests laid down in Kalu Ram's case : AIR1932All485 and applied them. In Tarlok Singh v. gardarni Daljit Kaur , a Division Bench of the Punjab High Court dissented from the view taken in AIR 1941 Lah 97 (FB) (supra) and held that the second, third and fourth tests laid down in Kalu Ram's case, : AIR1932All485 were not justified. In this case, the plaintiffs filed a suit for a declaration that an order granting a succession certificate in favour of defendant No. 1 was null and void and for a prayer for the issue of an injunction against the defendants not to interfere with the plaintiffs' possession over the properties. The Punjab High Court held that the relief of injunction was a consequential relief. With regard to the tests laid down in Kalu Ram's case, : AIR1932All485 . Tek Chand, J. who delivered the judgment of the Bench observed:

'Barring the first element, the other ingredients do not fall within the connotation of the term. The other three requirements are otiose and I cannot persuade myself to treat them as necessary concomitants of the expression 'consequential relief'.

A relief is consequential if It follows something on which it depends. What ensues or follows must have a necessary connection with the cause. 'Cause' and 'consequence' are correlative terms, one implying the other. What the courts have to see under Section 7(iv)(c) is whether the relief of possession where a declaratory decree is prayed for follows as a natural sequence from the declaration. In a case like the present, the moment a declaration is granted avoiding or nullifying an order granting succession certificate, the result which must follow in the course of natural event is that the possession which has been ordered by that court to be given to the applicant by the curator must be restored to the party from which it had been originally taken by the curator.'

18. The words 'consequential relief have not been defined in the Court-Fees Act The meaning, which should be given to a word or expression riot defined in an enactment, should be its ordinary dictionary meaning or a meaning which is necessarily implied by the context in which it is used or by the object of the provisions or by the scheme of the enactment. The ordinary dictionary meaning of the word 'consequential' is 'following as a result or inference'. This meaning justified the first test laid down in Kalu Ram's case, : AIR1932All485 . The Judgment in that case does not disclose or indicate the basis for the second, third and fourth tests. There is nothing in the language of Section 7 or in the context in which the word 'consequential' has been used to support these tests. The objects of the Court-Fees Act are to collect revenue and to prevent frivolous suits being filed. Neither from these objects nor from the scheme of the Act can these three tests be necessarily implied.

Learned counsel for the plaintiffs in suit No. 83 of 1953, who supported these tests, was unable to suggest any good reason for imposing these three tests which considerably narrowed down the dictionary meaning of the word 'consequential'. His only contention was that this Bench should not discard the tests laid down in Kalu Ram's case : AIR1932All485 which have stood for over 35 years when the Legislature, which must have been aware of the decision of the Full Bench, has not chosen to interfere either by laying down a definition of the word 'consequential' or by otherwise expressing a contrary opinion. It is not possible to accept this contention. As indicated above, the tests laid down in Kalu Ram's case, : AIR1932All485 have not been uniformly applied in this court and have been disapproved at least by the Punjab High Court. Besides, the U. P. amendments make the imposition of at least two of these three tests unjustifiable. It appears that the unamended Section 7(iv)(c) allowed the plaintiff to put any arbitrary low valuation on the consequential relief and to pay court-fee on this valuation, while he had to pay a higher court-fee if the same relief were claimed as a substantive relief independently of a declaratory relief. This loophole in the Act was exploited by the litigants by adding a declaratory relief when praying for a substantive relief. It was apparently to plug this loophole that a very narrow and restricted meaning was given by the Full Bench to the expression 'consequential relief'. It was for the Legislature rather than for the court to plug the loophole.

19. The second test laid down in Kalu Ram's case, : AIR1932All485 requires that a relief to be a consequential relief should be one 'the valuation of which is not capable of being definitely ascertained.' As indicated above, there appears to be no rational basis for laying down this test It is difficult to appreciate what the relation the capability of ascertaining or non-ascertaining the value of a relief has with its being a consequential relief. Now the language of the first proviso to the amended Section 7(iv)(a) rules out the applicability of this test. The proviso reads:

'Provided that in suits falling under Clause (a), where the relief sought is with reference to any immovable property, such amount shall be the value of the consequential relief and if such relief Is incapable of valuation, then the value of the immovable property computed In accordance with Sub-section (v), (v-A) or (v-B) of this section as the case may be.'

The proviso lays down that, if a consequential relief with reference to immovable property is capable of valuation, then that would be the valuation of the relief and, if it is incapable of valuation, then the valuation will be determined in accordance with the Sub-section (v), (v-A) or (v-B). The proviso thus clearly envisages consequential reliefs which are capable of valuation. To apply the second test now would result in cutting down that ambit of Section 7(iv)(a).

20. The third test requires that a relief to be a consequential relief should be one 'which is not specifically provided for anywhere in the Act', There appears to be no reason why a relief, which is specifically provided for in the Act, should be incapable of being a consequential relief, if prayed for a suit for a declaratory decree. In several cases of this court, some of which have been referred to above, this Court has held the reliefs of injunction and possession, which were specifically provided for in the Act, to consequential reliefs. No case has been cited by counsel where this test has been applied to hold that a relief prayed for was not a consequential relief. The language of the amended Section 7(iv)(a) clearly indicates that even reliefs specifically provided for in the Act can be consequential reliefs. The opening words of the sub-section read:

'In suits -- to obtain a declaratory decree or order, where consequential relief 'other than reliefs specified in Sub-section (iv-A)' is prayed.'

The words underlined (here in which were added by U.P. Act IX of 1941, indicate that, but for this exception, even, the reliefs mentioned in Sub-section (iv-A)could be consequential reliefs. The express exclusion of the reliefs specified in Sub-section (iv-A) from the purview of Section (iv) (a) necessarily implies the Inclusion of other reliefs specified in other parts of the Act. The words Introduced in Sub-section (iv) (a) by the amendment of 1941 were noticed in the case of : AIR1955All177 (supra) and it was observed:

'The exception made In Section 7(iv)(a) with respect to the reliefs specified in Sub-section (iv-A) may be just to make It clear beyond doubt that what has been decided in the Full Bench case did really not amount to a 'consequential relief.'

There can be little doubt that the exception also provides that a relief of cancellation or adjudging void instruments or decrees cannot be a consequential relief, as was held by the Full Bench. But that this is the only effect of the amendment cannot be accepted. In : AIR1955All177 (supra), the question of applicability of the third test did not arise. The reliefs prayed for in this case have already been set out above. The Bench held that the relief prayed for, in addition to the declaration, did not satisfy the fourth test and, for that reason alone, it was held not to be a consequential relief. There was no occasion to consider whether the words introduced by the amendment of 1941 affected the third test or not. There was little justification for prescribing this test in 1932 and there is none now for continuing it after the amendment.

21. The fourth test laid down In Kalu Ram's case, : AIR1932All485 is that the relief to be a consequential relief should be one which 'cannot be claimed independently of the declaration as a substantive relief. This test was Interpreted in : AIR1949All207 (supra) thus:--

'It is a relief which cannot be allowed if the principal relief is refused.'

But It was differently interpreted In : AIR1955All177 (supra) where It was said:

'The ingredient that the relief cannot be claimed independently of the declaration as a substantive relief means that it is necessary for a relief to be a consequential relief that that relief be not capable of being claimed, in the absence of a claim for declaration, as a substantive relief, that is to say, no suit for that relief can lie unless the suit also contemplates a declaratory relief.'

If the first interpretation is correct, there can be no objection to this test but. If the second interpretation is correct, then the fourth test cannot be accepted as a valid test. On the second Interpretation, it is difficult to conceive of a case which will satisfy this test. Two cases were suggested at the Bar where a substantive relief cannot be asked for, except along with a declaration. The first is the case of a voidable transaction where it is said that no substantive relief can be claimed without first asking for a declaration that the transaction is not binding on the plaintiff. It is true that, in such a case, the court will have to determine whether the transaction is binding on the plaintiff before the substantive relief can be granted. But no provision of law was pointed out which compels a plaintiff to seek the relief of declaration also.

There is no provision of law corresponding to the proviso to Section 42 of the Specific Relief Act, 1877 (Section 34 of the 1963 Act) saving that no court shall grant any particular substantive relief where the plaintiff, being able to seek the relief of declaration, omits to do so.

In this connection, the decision of the Supreme Court in : [1967]3SCR920 (supra) may be referred to. In this case, the plaintiff filed a suit for an injunction restraining the State of U. P. from realising sugar-cane cess and purchase tax from it on the ground that the statutes, under which the cess and the tax were sought to be realised, were invalid and void. No relief was sought for declaring the statutes to be invalid and void. The plaintiff paid court-fee on the substantive relief of injunction under Section 7(iv-B). It was urged' on behalf of the State that the plaint read in substance rather than in form was for a declaratory decree with an injunction as the consequential relief and was covered by Sub-section (iv) (a). This contention was rejected and it was observed:

'It is true that for purposes of the Court-Fees Act, it is the substance and not the form which has to be considered while deciding which particular provision of the Act applies. It cannot, however, be gainsaid that the actual relief prayed for in the plaint was an Injunction restraining the State and its authorities to realize from the appellant-company the aforesaid cess and the purchase tax. It is clear from the plaint when read as a whole that though the appellant-company alleged that the Acts were void and therefore non est for the reasons set out therein, it did not seek any declaration that they were void. The plaint proceeds on the footing that the said Acts were void and that, therefore, the State of U. P. or its authorities had no power to realise the said tax and the said cess. It may be that, while deciding whether to grant, the injunction or not, the court might have to consider the question as to the validity or otherwise of the said Act. But that must happen in almost every case where an injunction is prayed for. If for the mere reason that the court might have to go into such a question, a prayer for Injunction were to be treated as one for a declaratory decree of which the consequential relief is injunction, all suits where injunction is prayed for would have to be treated as failing under Clause (a) of Sub-section (iv) of Section 7 and in that view Clause (b) of Sub-section (iv-B) of Section 7 would be superfluous.'

If the plaint in this case for the relief of Injunction could stand without the relief of declaration being asked for, it is difficult to see how a plaint for any other substantive relief where the relief of declaration can be asked for but has not been asked will fail. The second case suggested is the one dealt with in : AIR1958All41 (supra). It was observed in this case:

'The relief of permanent injunction not to interfere with the exercise of a right cannot be granted in the absence of or independently of the declaration about the existence of that right. This is the view that was taken by this Court in Ram Chhabila y. Sat Narain, 1935 All LJ 1319.'

An examination of Ram Chhabila's case, 1935 All LJ 1319 shows that it does not support this proposition at all. In that case, two distinct reliefs were prayed for:

(a) A declaration that the plaintiffs had exclusive right to sit at the Dadri Mela Ghat, to have 'shankalp' done and to take 'dan dakshna' as their right of birt and

(b) a perpetual injunction restraining the defendants from sitting at the Ghats and interfering with the plaintiffs' exclusive right of sitting, at the same Ghats.

Holding that relief (b) was a consequential relief and that Section 7(iv)(c) applied, it was observed:

'The learned advocate for the plaintiffs-respondents contends that he is not claiming one relief of declaration coupled with a consequential relief but two separate and distinct reliefs, namely, for a declaration and, wholly apart from it, for an injunction restraining the defendants from sitting at the 'Ghat' and interfering with the plaintiffs' exclusive right of sitting at the same 'Ghat'. Two reliefs cannot be regarded as separate and distinct only because the plaintiffs say so. The nature of the two reliefs will determine the question whether they are independent relief or whether one is consequential on the other. We are clearly of opinion that the relief of injunction, so far as it aims at restraining the defendants from interfering with the plaintiffs' right to sit at the 'ghat' in respect of which a declaration is sought, is a consequential relief. The relief of injunction, in the present case, flows directly from the right which the plaintiffs desire to be declared. In this view, reliefs (a) & (b) should be considered to be but one relief of the nature, described in Section 7(iv)(c), Court-fees Act, and the suit should be treated as one to obtain a declaratory decree where consequential relief is prayed.'

There is no reference In this case to Kalu Ram's case or to any test like the fourth test laid down therein. There is no observation even remotely supporting, the proposition attributed to this case in : AIR1958All41 (supra). The decision rests entirely upon the satisfaction of the first test. There thus appears to, be no justification for the proposition laid down in Vibhutti Narain Singh's case. Even if there be some rare case where the substantive relief cannot be claimed without a relief for a declaration, it cannot be accepted that Sub-section (iv) (a) of Section 7 was enacted for the purpose of governing that rare case only. Acceptance of the fourth test as valid test would render Sub-section (iv) (a) superfluous.

22. It thus appears that the second, third and fourth tests laid down in Kalu Ram's case, : AIR1932All485 are not justified and unnecessarily narrow down the meaning of the words 'consequential relief. Section 7(iv)(c) applies to a suit to obtain a declaratory decree or order in which a consequential relief is prayed. The suit must principally be for a declaration and in that suit some other relief should also be claimed. The two reliefs may be asked for either as one composite relief or as two distinct reliefs. The words 'consequential relief' imply that the other relief should be one which flows directly from the declaration which the plaintiff desires to be made. This means that the plaintiff should be entitled to the other relief only as a necessary consequence or result of the granting of the declaratory relief. The other relief must be so dependent on the declaratory relief that it cannot be allowed if the principal relief is refused. In suit No. 83 of 1953, two reliefs were prayed for which, in substance, were for a declaration that the proceedings of a meeting held on 14-2-1952 and the resolutions passed at it were illegal and not binding on the Mandali and for an injunction restraining the defendants from obstructing the plaintiffs from using the hall belonging to the Mandali. Here the relief of injunction flowed from the relief of declaration, and if the suit for declaration were dismissed, it could not be decreed for the injunction. The relief of injunction is, therefore, a consequential relief and the suit is covered by Sub-section (iv) (a). In suit No. 12 of 1960, the reliefs prayed for were a declaration that the first plaintiff was the Mahant of the Math and the Sarbarakar of the deity and of the properties of the Math and an injunction restraining the defendants from interfering with the possession of the first plaintiff over the properties as Mahant and Sarbarakar. The relief of injunction flowed directly from the right which the plaintiff desired to be declared and is a consequential relief. This suit is also, therefore, covered by Sub-section (iv) (a).

23. The next question, which arises for consideration, is as to the manner in which the reliefs are to be valued under Sub-section (iv) (a). Sub-section (iv) (a) treats a suit for a declaratory decree or order, in which a consequential relief is prayed, as one for a single relief. It provides that the court-fee payable in such suits shall be according to the amount at which the relief sought is valued in the plaint or memorandum of appeal. This gives the plaintiff a right to put any valuation, which he considers proper, on the combined declaratory and consequential reliefs. This right of the plaintiff is subject to two restrictions imposed by the first and the second provisos. The second proviso makes 'it incumbent on the plaintiff to value the relief at an amount not less than Rs. 300/-. The first proviso has already been set out earlier. It is applicable only to suits falling under Sub-section (iv) (a) in which the relief sought is with reference to immovable property. It provides for the following three things:

(i) That the plaintiff shall value the relief according to the value of the consequential relief. This means that the declaratory relief and the consequential relief have to be treated as one relief and the value of such relief has to be the value of the consequential relief:

(ii) that, if the consequential relief is capable of valuation, then the plaintiff shall value the relief at an amount according to this valuation; and

(iii) that, if the consequential relief is incapable of valuation, then the plaintiff shall value the relief at an amount which is the value of the immovable property computed in accordance with Sub-section (v), (v-A) or (v-B) as the case may be. Upto this stage there is no dispute. The controversy is over the meaning of the words 'relief is incapable of valuation'. On the one hand, it is said that these words, mean that the relief should be incapable of valuation under any provision of the Act, on the other hand, it is asserted that these words mean that the relief should be incapable of market or economic valuation. On behalf of the Chief Inspector of Stamps it is contended that the valuation of the consequential relief has to be the market value of the immoveable property in respect of which the relief has been sought. Reliance for this proposition is placed, mainly, on two decisions. In : AIR1944All113 (supra), it was held that the consequential relief of injunction cannot be valued according to Section 7(iv-B) as that provision applies to suits for injunction only and not to suits for declaration with a consequential relief. With respect, this does not appear to be the correct position. In a suit for declaration in which the consequential relief of injunction has been prayed for the entire relief has to be valued according to the value of the consequential relief. Therefore, the question still is as to how the consequential relief is to be valued. If the consequential relief is the relief of injunction, then what is to be seen is how the relief of injunction is to be valued.

The question as to what is the meaning of the words 'incapable of valuation' was neither raised nor decided in this case. The same appears to be the position with respect to the second case of Mrs. Janet Anna Bonarjee v. United Provinces of Agra and Oudh, . In this case, it was held by a Division Bench of the Oudh Chief Court that, in a suit for a declaratory decree where consequential relief is prayed for with reference to immovable property and this relief is incapable of valuation, the amount, at which this relief should be valued, is the value of the immovable property computed in accordance with Sub-section (v). To this proposition no exception can be taken but it was further held in this case that Sub-section (iv-B) applies to a suit in which the only relief claimed is one to obtain injunction and not to a suit which clearly falls under Section 7(iv)(a). Again, what is meant by the words 'ineapable of valuation' was not considered in this case. Reference was also made to Vibhuti Narain Singh's case in this connection. In the penultimate paragraph of the judgment, the learned Judges agreed with the report of the Inspector of Stamps that the valuation of the suit, should be Rs. 10,000/- which was apparently the value of the immovable property in respect of which the reliefs had been prayed for. But it has not been said there that the relief was incapable of valuation or why the valuation at the market price of the property was the correct valuation. If the contention of the Chief Inspector of Stamps is accepted, it would lead to this result that, if the plaintiffs in the two suits had asked only for the relief of injunction, and there appears to have been no obstacle in their way in doing so, they would have had to value the relief at one-tenth or one-fifth of the value of the immovable property; but, since they have asked for the relief of declaration also, they must value the same relief of injunction at the full value of the immovable property. Surely, the Legislature did not intend such an unreasonable result. If the further contention of the Chief Inspector of Stamps that every consequential relief in respect of immovable property is capable of valuation according to the market value of the immovable property is accepted, the last part of the first proviso to Sub-section (iv) (a) would become redundant. The other view that capability or incapability of valuation of a relief depends on whether there is or is not a specific provision in the Act relating to such relief leads to a more equitable and just result. In this view, the relief of injunction, whether prayed for as an independent substantive relief or as a consequential relief, has to be valued in the same manner.

It is well settled that the Court-fees Act is a fiscal measure and is to be strictly construed in favour of the subject. (See Sri Krishna Chandra v. Mahabir Prasad : AIR1933All488 . If the language of the provision is capable of two interpretations, then that interpretation should be accepted which is in favour of the subject. It must be kept in mind that the declaratory relief and the consequential relief falling under Section 7(iv)(a) in respect of immovable property have to be valued as one relief and that relief is the consequential relief. What has then to be seen is whether the relief, which has been prayed for as a consequential relief, is capable of valuation or not. When the Act itself provides the manner or method of valuation of a particular relief, how can it be said that that relief is incapable of valuation? If the relief, which is prayed for as a consequential relief, is specifically provided for in the Act, then it is capable of valuation and must be valued according to the provision made in respect of it; but, if the relief is one which is not specifically provided for in the Act, then it is not capable of valuation under the Act and must be valued according to the value of the immovable property in respect of which it has been prayed. Simply because an injunction is sought in conjunction with a declaratory relief, thereby becoming a consequential relief, it does not cease to be a relief of injunction. The value of the suit is the value of the consequential relief that is to say the value of the relief of injunction. The method for valuation of a relief of injunction is specifically provided in Sub-section (iv-B). Where the relief, which is prayed for as a consequential relief, is the relief of injunction, it is capable of valuation under Sub-section (iv-B) and must be valued according to the provisions of this subsection.

24. In Suit No. 83 of 1953, out of which the special appeals arise, both the Civil Judge as well as the learned Single Judge in appeal have held that the suit was for a declaratory decree in which the consequential relief of injunction was prayed for and was, therefore, governed by Sub-section (iv) (a). This finding is correct. The consequential relief sought was for an injunction, restraining the defendants from obstructing the plaintiffs from using the hall belonging to the Mandali. The Civil Judge held that the relief of injunction was in respect of immovable property, that it was incapable of valuation and, therefore, must be valued at the market value of the immovable property (hall) which was Rs. 12,000/-. The learned Single Judge held that the relief of injunction was not in respect of any immovable property and that the court-fee was payable on the amount at which the two reliefs were valued in the plaint, i.e., Rs. 5,200/-. Both these views are erroneous. The injunction is clearly in respect of immovable property, i.e., the hall, and this relief is capable of valuation. As held above, the suit has to be valued according to the value of the relief of injunction and the relief of injunction has to be valued in accordance with the provisions of Sub-section (iv-B).

The special appeals are partly allowed, the orders of the learned Single Judge and of the Civil Judge, in so far as they relate to the valuation of the reliefs, are set aside and the trial Court is directed to order the plaintiffs to value the suit according to the valuation of the relief of injunction determined in accordance with Sub-section (iv-B) and to pay court-fee thereon. It should be borne in mind that the suit was filed in 1953 when the valuation for the relief of injunction under Subsection (iv-B) had to be made at one-tenth of the value of the immovable property. Parties will bear their own costs throughout.

25. In Suit No. 12 of 1960, out of which Civil Revision No. 526 of 1963 arises, it was held by the District Judge that the suit was not governed by Section 7(iv)(a). This view is wrong. As already held above, the suit was for a declaratory decree with a prayer for the consequential relief of injunction. To this extent the contention of the Chief Inspector of Stamps, who is. the applicant in the civil revision, succeeds. The plaintiffs paid the fixed court-fee of Rs. 100 on the relief of declaration and a separate court-fee of Rs. 237/8/- on the relief of injunction under Section 7(iv-B). The plaintiffs ought to have valued the suit according to the value of the relief of injunction only determined under Section 7(iv-B) and to have paid the court-fee thereon. They have already paid this amount of court-fee and have, in addition, paid a court-fee of Rs. 100/- on the declaratory relief which they were not liable to pay. They have thus paid more court-fee than was required of them to pay. For this reason, the civil revision has to be dismissed and is hereby dismissed. There will be no order, as to costs.

S.N. Singh, J.

26. I agree.

J.S. Trivedi, J.

27. I agree.

H.N. Seth, J.

28. I agree.

Hamid Husain, J.

29. I agree.

Dwivedi, J.

30. I have read the judgments of brothers Khare and G.C. Mathur, As I do not completely agree with brother G.C. Mathur, it has become necessary for me to write a separate judgment.

31. We have to consider two broad questions: (1) whether the exposition of the meaning of the expression 'consequential relief by the Full Bench in Kalu Ram's case still holds valid after two statutory amendments of the relevant provisions of the Court-fees Act in J 938 and 1941; (2) what is the amount of court-fee payable in the two suits

32. Re. (1): The Full Bench exposition is this: 'In our opinion, the expression 'consequential relief' in Section 7(iv)(c) means some relief (1) which would follow directly from the declaration given, (2) the valuation of which is not capable of being definitely ascertained and (3) which is not specifically provided for anywhere in the Act and (4) cannot be claimed independently of the declaration as a substantive relief.' : AIR1932All485 (figures and brackets are mine).

33. The Full Bench included some very eminent judges of this Court. The Bench did not elaborate the reasons in support of their opinion. They preferred to express their opinion in the aphoristic style. The opinion points out four elements of the expression 'consequential relief' used in Section 7(iv)(c). It does not appear to give any abstract definition of the expression. Have the statutory amendments of 1938 and 1941 annihilated or attenuated anyone or more of these four elements? I shall confine myself to this narrow question.

34. I agree with brothers Khare and G.C. Mathur that the first element survives the two amendments in full strength. This element is derived from the ordinary meaning of the expression 'con-sequential relief.'

35. I also agree with brother G.C. Mathur that the 1938 amendment annihilates the second element. The first proviso contemplates a consequential relief which is capable of valuation. Again, Section 7(iv) as it stood in 1932 has been materially altered and reconstructed. In 1932, Section 7(iv) consisted of six Sub-clauses (a) to (f). Sub-clause (a) dealt with suits for moveable property where the subject-matter has no market value; Sub-clause (b) with a suit to enforce the right to share in any property on the ground that it was joint family property; Sub-clause (c) with a suit to obtain a declaratory decree where consequential relief was prayed: Sub-clause (d) with a suit to obtain an Injunction; Sub-clause (e) with a suit for a right to some benefit (not herein otherwise provided for) to arise out of land; and Sub-clause (f) with a suit for accounts. In all these suits the plaintiff had the choice to value the relief sought. Suits mentioned in Sub-clauses (a), (b), (d), (e) and (f) were then incapable of valuation. So in that context the Full Bench said: 'A consideration of all the Clauses (a) to (f), Sub-section (4) Court-fees Act leads to the same conclusion. : AIR1932All485 .' Section 7(iv) as amended in 1938 consists of only two sub-clauses. Sub-clause (a) corresponds to Sub-clause (c) of the former Section 7(iv); Sub-clause (b) corresponds to Sub-clause (f) of the former Section 7(iv). The first proviso to the amended section provides for the mode of valuation where the relief sought is with reference to immoveable property. The second proviso fixes the minimum valuation in all cases at Rs. 300. The third proviso provides for the mode of valuation in the case of a suit for accounts. It is true that in a suit falling under Sub-clause (a) where the relief sought is not with reference to immoveable property, the plaintiff retains the choice to put his own valuation. But having regard to the context of the three provisos it cannot now be maintained that a consequential relief is one which is incapable of valuation. The requirement of the second element also runs counter to the decision of an early five Judges Full Bench of our Court Ram Prasad v. Sukh Dai, (1878-80) ILR 2 All 720 (FB) which was not cited before the Bench in Kalu Ram's case : AIR1932All485 .

36. Coming to the third element, it is at first necessary to consider what the Full Bench really meant by it. In Phul Kumari v. Ghanshyam Misra, (1908) ILR 35 Cal 202 (PC), the plaintiff's property was attached and was being sold in execution of a money decree passed against a third person. Her claim was rejected by the Execution Court. She then instituted a suit for these reliefs: (1) declaration that she was the owner in possession of the property; (2) declaration that the second defendant had no right left in the property after sale to her; (3) declaration that the property was not liable to be sold in execution of the money-decree of the first defendant; and (4) permanent injunction restraining the first defendant from executing the decree by sale of the property. The Calcutta High Court went by the words of the reliefs claimed and held that the suit was for a declaratory decree where consequential relief was asked for. The plaintiff was accordingly asked to pay the court-fee under Section 7(iv)(c). The case went in appeal to the Privy Council. The Privy Council reversed the judgment of the High Court. The Privy Council held that having regard to the nature ofthe suit the case was governed by Article 17(1) of Schedule II, Court-fees Act and that a fixed court-fee was payable on the plaint Lord Robertson said. 'Having thus ascertained what is the nature of the suit, their Lordships turn to the Court-fees Act to see whether such actions of appeal 'are specifically dealt with' for it is only if they 'are not specifically dealt with' that the task arises of finding to which group of cases this is to be assigned.' (1908) ILR 35 Cal 202 at p. 206 (PC) (emphasis (here in single quotation marks--Ed.) mine).

37. It is clear that by the words 'specifically dealt with' in this passage Lord Robertson really meant to refer to Schedule II which provides for the payment of a fixed court-fee generally. (See Krishna Mohan v. Raghunaridan, AIR 1925 Pat 392 at p. 398 (FB) and Gauri Shankar v. Mohanlal, AIR 1938 Oudh 20 at p. 21). The language in which the third element is expressed by the Full Bench seems to me to be a re-echo of the words of Lord Robertson in the foregoing passage. If that is so, as I conceive, then despite its wide language the third element really means that the relief sought should not fall under any Article in Schedule II, which prescribes a fixed court-fee. I cannot believe that the third element was intended by the Full Bench to refer to various clauses of Section 7. On this narrow construction, the third element will in my view remain intact even after the. 1938 and 1941 amendments.

38. I agree with brother G.C. Mathur that the fourth element does not survive the 1941 amendment. The words 'other than relief specified in Sub-section (iv-A)' show that many of the reliefs mentioned in other sub-sections may be claimed as a consequential relief. Those reliefs may be substantive reliefs, as for instance, the relief of possession.

39. Re. 2: For answering this question it will be necessary to ascertain 'the object and the nature of the suit' as well as the nature of the reliefs claimed in the two suits. For this purpose it shall be necessary to look to the substance and not merely to the words of the plaints.

40. In the suit out of which the Civil Revision has arisen there are three 'plaintiffs. The first plaintiff is Mahant Lakshmi Narayan; the second plaintiff is the Math Khadara; the third plaintiff is the idol of Shivaji Kawaleshwar Nath installed in the Math Khadara. There are four defendants. The first defendant is the Gaon Samaj Dihwa; the second defendant is Shankaranand Jati; the third defendant is Maharaj Jati; the fourth defendant is Sita Ram Gosain. In substance the allegations are these; the plaintiffs 2 and 3 are owners of considerable move-able and immoveable properties. They are in possession over the properties. The first plaintiff has succeeded to the office of the Mahant and Sarbarakar of the two plaintiffs on the death of Sheo Prasad Jati, the Mahant and Sarbarakar. The Mahant and Sarbarakar manages the properties and spends the income from the properties for the sole benefit of the Math and the deity. He does not get any emoluments. The defendants have filed objections in the mutation proceedings. The first defendant claims that it is entitled to the property. The other defendants claim to have succeeded to the office of the Mahant and Sarbarakar on the death of Sheo Prasad Jati. They are interfering with the first plaintiff's management and are wasting the property. Two reliefs have been claimed on these allegations; (1) a declaration that the first plaintiff is the Mahant and Sarbarakar of the property in suit of the Math and the idol; (2) the defendants may be restrained from interfering with the control of the first plaintiff over Bhog of the idol and with his managing the suit properties as Mahant and Sarbarakar.

41. It may be observed that no relief is expressly claimed with respect to any right, interest or title to the suit properties. But the plaintiff No. 1 cannot get the consequential relief against the first defendant unless it is held that the latter has no right to the properties.

42. In the other suit, there are 17 plaintiffs and 25 defendants. The plaint allegations are these: The Mandali is the unregistered socio-religious association at Allahabad. The parties to the suit are its members. They are also members of the Parsee Zorastrian Anjuman. The hall known as the Bazm Gandhi Hall was built with the funds of the Mandali. The hall was handed over to the Anjuman for the use and benefit of the entire Parsee community. The defendants have unlawfully passed a resolution to wind up the Mandali. The resolution was passed in a meeting held on February 14, 1952. The resolution is null and void. Two reliefs are claimed: (1) a declaration that the aforesaid resolution is null and void: (2) the defendants may be restrained from interfering with the use and enjoyment of the hall by the plaintiffs as members of the Mandali which is the owner thereof.

43. In this suit, the plaintiffs do not claim any right, interest or title to the hall. They allege that the hall is owned by the Mandali. They only ask for a relief in respect of the use of the hall by them as members. They do not ask for recovery of possession over the hall. As the hall is dedicated to the use of the Parsee community, they seek to enforce a privilege only.

44. Brother G.C. Mathur is of opinion that the two suits are suits to obtain a declaratory decree where consequential relief is prayed, I agree with him. The second relief directly follows from the declaration asked for. It is nobody's case that these suits are specifically provided for in Schedule II. So Section 7(iv)(a) will govern these suits.

45. Brother G.C. Mathur is also of opinion that the first proviso to Section 7(iv) will apply to these suits. I find it difficult to agree with this view as regards the second suit. This difference takes me to the construction of Section 7(iv)(a), and, in particular, of its first proviso.

Section 7(iv) materially reads: In ' suits--

(a) 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 ..................

Provided that in suits falling under Clause (a) where the relief sought is with reference to any immoveable property, such amount shall be the value of the consequential relief and if such relief is incapable of valuation, then the value of the immoveable property computed in accordance with Sub-section (V), (v-A) or (v-B) of this section, as the case may be:

Provided further that in all suits falling under Clause (a) such amount shall in no case be less than Rs. 300/-............'.

46. Whether the first proviso applies to the two suits turns on the meaning of the phrase 'with reference to any immoveable property'. The words 'with reference to' are not defined in the Court-fees Act. According to the Shorter Oxford English Dictionary the words mean 'with respect or regard to'. So the relief sought should be 'with respect or regard to' immoveable property. The word 'property' is to be distinguished from a material thing. There is inherent in the word 'property' the idea of rights. So the phrase 'with reference to immoveable property' would mean (1) that the relief sought should be directly related to some immoveable property and (2) that it should relate to right or title to, or interest in any immoveable property. In other words, if the relief sought is granted, the right, title or interest of the parties in the said property is affected or the property is handed over to the plaintiff.

47. The language of the two Explanations to Section 7(iv-B)(b) lends support to this interpretation. Explanation I repeats the words 'the relief sought is with reference to immoveable property.' Explanation II speaks of 'the property which is affected by the relief sought'. Sub-sections (iv) (a) and (iv-B) (b) were introduced in Section 7 by the 1938 amending Act. They may accordingly be read together to ascertain the meaning of the first proviso to Section 7(iv)(a).

48. The Madras Legislature has added a proviso of the nature of the first proviso to Section 7(iv)(c) of the Court-fees Act in 1927. The Madras proviso also uses the words 'the relief sought is with reference to any immoveable property.' The Madras High Court has considered the meaning of these words in several cases, In re Venkata Krishna Pathar, : AIR1927Mad348 ; E.R. Gurunatha v. Secy. of State AIR 1936 Mad 201; In re K.J.V. Naidu, AIR 1946 Mad 235; Marimuthu Nadar v. Tuticorin Municipality : AIR1955Mad212 . Two of them were decided in 1927 and 1936 and the others after 1938. These decisions have construed the relevant words of the proviso in the manner I am seeking to construe them. It may safely be presumed that in 1938 the U. P. Legislature was aware of the construction put on these words by the Madras High Court. The Objects and Reasons of the Bill which consummated in the 1938 amending Act suggest such awareness. It may be recalled that the mover of the Bill was the late Dr. K.M. Katju, the then Law Minister. Keeping in mind this presumption it may be inferred that the U. P. Legislature intended to give to these words in the first proviso to Section 7(iv)(a) the meaning which the Madras High Court has given to them in the Madras Proviso. The context and object of the two provisos is similar.

49. The Andhra Pradesh and Punjab States have also a similar proviso in their Court-fees Act. The High Courts of these States have adopted the interpretation of the Madras High Court, P. Venkatalakshmi Narayana v. Nairapaneni Venkayya, AIR 1958 Andh Pra 106; Prabhu v. Girdhari, AIR 1965 Punj 1 (FB).

50. I have already discussed the true nature of the second suit and of the reliefs claimed therein. In this suit the title to and possession over the hall is said to be vested in the Mandali. No relief for recovery of possession is prayed for. The consequential relief in respect of the plaintiff's use of the hall, if granted, will not affect the possession of the owner or the right, title or interest of the parties in the hall, AIR 1946,Mad 235. So the first proviso will not apply to this suit. The plaintiffs have therefore to pay court-fee oh the amount of the value of the relief sought. They are free to put their own valuation on the relief sought. The relief sought means the whole relief (relief of declaration and the consequential relief) according to : AIR1944All113 , which I follow in this case without expressing my own view about the true meaning of the words 'the re-lief sought'.

51. The plaintiffs have not valued the two reliefs for purposes of court-fee. They have valued the reliefs for purposes of jurisdiction. But the value for purposes of jurisdiction is not necessarily the value for purposes of court-fees. So the plaintiffs should be asked to give the value for purposes of court-fee first, Karam Ilahi v. Muhammad Bashir, AIR 1949 Lah 116 (FB), and on that value the court-fee may be paid ad valorem.

52. In the first suit the first plaintiff cannot get the consequential relief against the first defendant until it is held that the latter has no right to the immoveable properties described in the suit. So the first proviso will apply to this suit. Brother G.C. Mathur is of opinion that as the consequential relief is the relief of injunction, it is capable of valuation in accordance with the mode of computation provided for valuing the relief of injunction in Section 7(iv-B)(b). I am unable to agree with this view.

53. The first proviso provides for two alternative modes of computation: (1) court-fee is to be paid primarily on the amount of the value of the consequential relief; (2) alternatively, if the consequential relief is incapable of valuation, on the amount of the value of the immoveable property computed according to Section 7(v), (v-A), or (v-B), which of the two modes should be adopted here will depend on the meaning of the phrase 'the value of the consequential relief' in the first proviso.

54. Counsel for the plaintiffs says that the Court-fees Act is a fiscal statute. Where in such a statute a word has two meanings, the meaning which is favourable to the citizen should be preferred. This is a familiar rule of construction. But familiarity often makes dim the true import of a rule. The rule means this; if two constructions are equally possible and reasonable, the construction more favourable to the citizen ought to be preferred. (See the cases collected in Legislation and Interpretation by Jagdish Swarup, 1968 Edn. P. 329). And for this purpose it is essential to examine the whole context and scheme of the statute.

55. Sections 4 and 6 of the Court-fees Act are the charging provisions. They provide that no document of any kind specified in the first or second schedule shall be filed in any court unless the court-fee prescribed therefor in either Schedule has been paid. The first Schedule fixes the scale of ad valorem fees; the second Schedule prescribes fixed fees. Whenever there is a dispute about the quantum of court-fee, the Court should first ascertain whether the first or the second schedule applies to the plaint. If the second schedule applies, there is no further bother. But if the first Schedule applies, then the Court has to ascertain the 'value of the subject-matter in dispute'. These words occur in Article I of Schedule I. For this purpose the Court should refer to Section 7 which provides for various modes of computing this value and find out the exact provision, applicable to the plaint at hand, AIR 1925 Pat 392 at p. 398.

56. The phrase 'value of the subject-matter in dispute' is important. In this phrase the word Value' means the market value, Mt. Rupa v. Bhatu Marton, AIR 1944 Pat 17 at p. 24 (FB). Normally this very word in the first proviso to Section 7(iv)(a) should convey the same meaning unless there is anything in the total context to give it a different meaning.

57. The word 'Value' which is used In the phrase 'value of the consequential relief' is also used in the main part of Section 7(iv). It is also used in the un-amended Section 7(iv)(a). It is used in both these places as a verb. It was construed by the Privy Council in Phul Kumari's case. There the defendants urged that the plaintiff should pay ad valorem court-fee under Section 7(iv)(c) on the amount of the decree for the plaintiff sought to enjoin the defendant against the execution of the decree by sale of the attached property. Rejecting this claim, Lord Robertson said: 'The value of the action must mean 'the value to the plaintiff.' But the value of the property might quite well be Rs. 10,000/-. It is only if the execution debt is less than the value of the property that its amount affects the value of the suit, (1908) ILR 35 Cal 202 at p. 207 (PC).

58. If the value of the attached property is less than the decretal amount, the plaintiff will lose the entire sale-proceeds of the property on the denial of the consequential relief, if, on the other hand, the value of the property is more than the decretal amount, the plaintiff gets back the sale-proceeds of the property in excess of the decretal amount and suffers injury, to the extent of the decretal amount. . So according to the Privy Council the word Value' in Section 7(iv) means the value of the injury resulting to the plaintiff. Injury is the subject-matter of the relief.

59. The Calcutta High Court has also taken this view. Girish Chaadra v. Secy. of State : AIR1928Cal55 . The Court said: '(T)he value of the relief is its value to the plaintiff and not necessarily the value of the property involved.' The Court further said: 'The value of the iniunc-tion to the plaintiffs is really the value at which the injury to the plaintiffs' should be assessed.' : AIR1928Cal55 (emphasis (here in ' ') mine).

60. The word Valued' in the main part of Section 7(iv)(a) should receive the construction put upon it by the Privy Council and the Calcutta High Court. The effect of the 1938 amending Act is not to overrule this construction. In the result a conjoint reading of Article 1 of Schedule I and the main part of Section 7(iv)(a) will show that 'the value of the subject-matter in dispute' is the market value of the injury to the plaintiff.

61. I cannot comprehend why the word Value in the phrase Value of the consequential relief in the first proviso to Section 7(iv)(a) should not receive the construction which the word 'valued' has already judicially received before the 1938 amending Act. Both the words are used in the same section. A word repeated in the same section, should be construed uniformly throughout unless there are cogent reasons to the contrary. I have not been shown any contrary cogent reason. The Legislature cannot be charged with either inelegance or clear sight.

62. Section 7(iv)(b) deals with a suit for accounts. In such a suit the value of the relief sought shall be the approximate sum due. The Legislature has not adopted any artificial measure. This should suggest that in Clause (a) also the Legislature did not intend to adopt any artificial measure.

63. The word 'value' occurs in various sub-sections of Section 7. Sub-section (ii) (a) deals with a suit for maintenance. It uses the expression 'the value of the subject-matter of the suit.' Surely, the word 'value' here means the market value. Suppose the plaintiff claims a maintenance of 20 mds. of wheat per annum. The word 'value' will here mean ten times the market value of 20 mds. of wheat. Sub-section (iii) which deals with suits for moveable property, expressly uses the word 'market value'. According to the Explanation to Sub-section (iv-A) the 'value of the property' shall be the market value. The Explanation then goes on to prescribe a statutory measure of the market value of immoveable property. In Sub-section (iv-B) the scheme is identical. In Sub-section (v) (i) (c) and (d) and (ii) the value is the market value. In Clause (ii) the value is the real market value. Sub-section (v-A) is almost similar in design. Sub-section (y-B) adopts a statutory measure of valuation. Sub-sections (vi) and (vi-A) follow the model of Sub-section (v), (v-A) or (v-B). Sub-section (vii) provides for a statutory measure. Sub-section (viii) follows the model of Sub-section (v), (v-A) or (v-B). Sub-section (x) (d) follows the same model. The other sub-sections are not apparently material for our purpose.

64. From the foregoing survey of various sub-sections of , Section 7 there emerge three conclusions: (1) the word 'value' is used either in the sense of real market value or of statute-measured market value; (2) wherever the legislature selected the statute-measured market value. It has specifically said so in every sub-section; where it intended to prefer the real market value, it has merely used the word 'value' or 'market value' in the sub-section and has refrained from prescribing a statutory measure of the market value; (3) various sub-sections prescribed mutually exclusive measures for computation of value, . These conclusions are, reinforced by the decision of the Privy Council in Phul Kumari's case, (1908) ILR 35 Cal 202 (PC).

65. Having, in regard this scheme of the sub-sections, the word 'value' in the phrase Value of the consequential relief will mean the real market value and not the statute measured market value prescribed in Sub-section (iv-B) (b).

66. Section 7(iv)(a) applies to a suit where the first two reliefs are prayed for. The first is the relief of declaration; the second is the consequential relief. Section 7(iv-B)(b) applies to a suit where only the relief of injunction is prayed for. Owing to this numerical difference in reliefs the reasonable man would expect that the court-fee payable under Section 7(iv)(a) should be larger than the court-fee payable under Section 7(iv-B)(b). It is true that in granting injunction the Court may often find facts upon which the declaratory relief may also be granted. But that is of no moment. The fact remains that while the plaintiff asks for two reliefs in the former case, he asks for only one relief in the latter case. I put it to myself, which course is unfair and unreasonable -- to pay court-fee on one relief and obtain two reliefs or to pay larger court-fee than the one payable on one relief, bearing in mind the prayer for two reliefs. The answer is verily plain and simple.

67. It is also relevant to notice certain differences between Sub-section (iv) (a) and Sub-section (iv-B) (b). The former prescribes the minimum valuation of Rs. 300/- the latter, the minimum valuation of Rs. 200/-. The former prescribes no ceiling on court-fee, the latter prescribes a ceiling of Rs. 500/-. Thirdly, where the single relief of injunction affects the properties of the plaintiff as well as the defendants, Sub-section (iv-B) (b) asks the plaintiff to pay court-fee on the value of his own property. Sub-section (iv) (a) does not incorporate a similar provision. Lastly, where the relief sought is with reference to immoveable property, the value of the consequential relief (this would also include in injunction) may be capable of valuation as well as incapable of valuation. But under Sub-section (iv-B) (b) whenever an injunction is sought with reference to immoveable property, the relief will always be capable of valuation and never incapable of valuation. This result clearly follows from Explanation I which prescribes a statutory measure of valuation. If the consequential relief of injunction may be valued by the measure prescribed in Subsection (iv-B) (b) there will never be a consequential relief of injunction which is incapable of valuation. The last part of the first proviso becomes redundant to that extent. Such a construction should not ordinarily be accepted.

68. This scrutiny of Sub-sections (iv) (a) and (iv-B) (b) clearly shows that the scheme of the two provisions is distinct and discrete. It is accordingly not legitimate to interpolate the statutory measure of the latter provision into the former provision.

69. Counsel for the plaintiffs says that the valuation of the consequential relief in accordance with Sub-section (iv-B) (b) leads ,to a more equitable and just result. Perhaps he means to say that the less the court-fee is payable the more equitable and just is the result to the plaintiff. It is abstract and wishful equity and justice. Indeed one may wish for the total abolition of court-fees. But there is never complete correspondence between the law and man's wishfulness. The law always lags behind in the race with wishes. And I am familiar with only one kind of equity and justice -- equity and justice according to the law. If the phrase Value of the consequential relief were really ambivalent and reasonably susceptible of two constructions, I would have unhesitatingly preferred the one favourable to the plaintiffs. But the review of the context of the phrase and the scheme of the Act shows beyond doubt that the phrase has only one meaning and not two. I cannot accordingly bend the phrase to do equity and justice according to my humour. Nor do I perceive any pressing need for taking liberty with the language of the Act. If a plaintiff does not want to pay the larger court-fee under Sub-section (iv) (a), he can very easily avoid it by omitting the relief of declaration. The payment of a larger or smaller fee depends on his own free choice. If he omits the declaratory relief, in most cases he will suffer no harm.

70. The construction which appeals to me also gets support from certain decided cases. I have already noticed two of them : AIR1928Cal55 . In Mrs. Janet Anna's case, the plaintiff claimed (1) a declaration that the U. P. Tenancy Bill is ultra vires in respect of the plaintiff's property of Rampur and (2) that all further proceedings in respect of the said Bill should be stayed qua her property. A Division Bench of the Chief Court held that the suit fell under the first proviso to Section 7(iv)(a) and that the second relief was incapable of valuation and that accordingly it should be valued in accordance with Sub-section (v) as prescribed by the latter part of the first proviso. We are not concerned with the correctness of the decision that the suit fell under the first proviso. It is however important to observe that the Bench held that the second relief was incapable of valuation. The second relief was in substance a relief of injunction. In Subedar Singh v. Durga Singh, AIR 1948 Oudh 297 the plaintiffs claimed (1) a declaration that they alone were entitled to the claims of the bazar and (2) that an injunction shall be issued restraining the defendants from interfering with their management of the bazar and realisations. A learned single Judge held that the second relief was incapable of valuation and should be valued under Sub-section (v) as prescribed by the latter part of the first proviso. In both cases it was held that Sub-section (iv-B) (b) would not apply. In : AIR1949All560 , the plaintiff claimed (1) a declaration that the order of the T.R.O. requiring him to vacate rooms was null and void and (2) that the defendant should be restrained by an injunction from interfering with his possession over the rooms. This Court held that the suit fell under the first proviso to Sub-section (iv) (a), that the second relief was incapable of valuation and that it should be valued in accordance with the latter part of the proviso. It was also held that it could not be valued under Sub-section (iv-B) (b). In : AIR1958All41 the plaintiff claimed (1) a declaration that he was entitled to collect tehbazari dues and (2) that the defendant should be restrained by an injunction from interfering with his realising the tahbazari. The court held that the suit was governed by the first proviso to Sub-section (iv) (a) and that the consequential relief of injunction should be valued according to the market price of the land. It is, I think, implied in this holding that the case was governed by the phrase Value of the consequential relief and that the word 'value' meant market value and not the value calculated in accordance with the statutory measure prescribed by Sub-section (iv-B) (b).

71. To sum up, both reason and authority lend support to the construction suggested by me. The phrase Value of the consequential relief means market value of the injury to the plaintiff. In the first suit the first plaintiff wants the consequential relief of injunction to restrain the defendants from interfering with his management of the properties of the Math and the deity as Mahant and Sarbarakar. He gets no remuneration as Mahant and Sarbarakar. If injunction is denied, the first plaintiff's function of managing as Mahant and Sarbarakar will suffer injury. The injury caused to this managerial function is incapable of valuation. Accordingly as regards the im-moveable properties described in the plaint the suit will have to be valued in accordance with Sub-section (v-B) as prescribed in the latter part of the first proviso. As regards the money with the Receiver, the plaintiff has to pay court-fee on that amount, too. The actual court-fee will be calculated accordingly.

72. The mover of the Bill which later became the 1938 amending Act had expressed the belief that the Act was being made 'more explicit in its provisions, precise in its expressions and fair and equitable in the levy of fees'. U. P. Gazette Extraordinary, dated 11-1-1938 p. 18. But the fate of the two suits demonstrates how misplaced was this belief. One of the suits was instituted in February, 1952 and the other in September, 1960. Parties are locked up in the litigation regarding court-fee and the merits of the suit are left behind far out of sight.' Sub-section (iv) (a) has given rise to a lot of wasting litigation. The Madras proviso is more elegant than the first proviso to Sub-section (w). It will cut short a good deal of wasting litigation and do great public good if the U. P. Legislature now amends Sub-section (iv) (a) in a skilful manner. It may also consider whether it would be proper to apply the first proviso to moveable property as well.

S.D. Kiiare, J.

73. This reference to a Full Bench of seven Judges became necessary because at the time the connected appeals and the revision came up for hearing before a Full Bench of three Judges the majority opinion was that the Full Bench case of : AIR1932All485 , decided by five Judges and laying down four tests which should be satisfied before a relief can be called a consequential relief within the meaning of Section 7(iv)(a) of the Court-Fees Act (hereinafter referred to as the Act) required reconsideration.

At the time Kalu Ram's case : AIR1932All485 was decided the relief of declaration where consequential relief was also prayed for was' governed by Section 7(iv)(c) of the Act. The Act was substantially amended in Uttar Pradesh thereafter, and the provision corresponding to original Section 7(iv)(c) is contained in Section 7(iv)(a) of the amended Act which read as follows:

'7. The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:

...... ... ... ...... ...... ...... ...... ...... ... '(iv) In suits--

(a) to obtain a declaratory decree or order, where consequential relief other than reliefs specified in Subsection (iv-A) is prayed; and

(b) for accounts;

according to the amount at which the relief sought is valued in the plaint or memorandum of appeal;

Provided that in suits falling under Clause (a), where the relief sought is with reference to any immove-able property, such amount shall be the value of the consequential relief and if such relief is incapable of valuation, then the value of the immoveable property computed in accordance with Sub-section (v) (v-A) or (v-B) of the section as the case may be:

Provided further, that in all suits falling under Clause (a) such amount shall in no case be less than Rs. 300; and

Provided also, that in suits falling under Clause (b), such amount shall be the approximate sum due to the plaintiff and the said sum shall form the basis for calculating (or determining) the valuation of an appeal from a preliminary decree passed in the suit.'

73-A. Sub-section (iv-A) of the amended Act deals with suits for cancellation or adjudging void instruments and decrees. Sub-section (iv-B) (b) deals with suits for injunction. Sub-section (v) deals with suits for possession of lands, buildings or gardens and Sub-section (vi-A) deals with suits for partition. The manner in which the relief claimed under Section 7(iv)(a) of the amended Act has to be valued is provided for under the two provisos to that sub-section. In most of the cases ad valorem court-fee has to be paid where the relief prayed for is with reference to any immoveable property.

74. By virtue of the first Proviso to Section 7(iv)(a) of the Act in all cases where the consequential relief is of the nature of possession over immoveable property it became immaterial whether the declaratory relief and the relief for possession constituted two separate reliefs or they in fact formed part of one relief, that is to say, declaratory relief where consequential relief was also prayed -for. In either case the court-fee payable would be the same. It is only where the declaration and injunction were prayed for in the plaint that the question could arise whether the relief of injunction was consequential within the meaning of Section 7(iv)(a) of the Act.

75. In cases where it is possible to claim the relief of declaration and of injunction separately and where each such relief could be claimed independently of the other, there can be no objection if the plaintiff values both the reliefs separately and pays court-fees on them according to the provisions of the Act. It is clear from the provisions of the Act that the relief of declaration and also the relief of injunction had been provided for under different sub-sections of the Act and if they are regarded to be separate reliefs they can easily be valued and court-fees be paid on them as separate reliefs in accordance with the provisions of the Act. In all the cases before us the plaintiffs have claimed the reliefs of declaration and injunction separately, valued them separately and paid court-fees on each of the two reliefs separately. A perusal of the plaints in all the connected cases would show that in hone of them a combined relief of declaration and injunction was prayed for.

76. Normally in cases of this nature the court could have no objection to the method adopted by the plaintiffs in valuing each relief separately and paying court-fees in accordance with the provisions of the Act. The relief of declaration has been specifically provided for in the Act and could be valued in accordance with the provisions of the Act. Similarly the relief of injunction has also been specifically provided for elsewhere in the Act and could be separately valued according to the provisions of the relevant sub-section. The plaintiff could very well say that he was claiming two separate reliefs and was paying court-fee on each of them. In such a case normally there should not be any objection from any side.

77. However, it is well settled law that a plaintiff cannot, by carefully drafting his plaint, succeed in paying court-fees less than what he should have paid if the pith and substance of the plaint is examined and it becomes clear that in effect the plaintiff has claimed some other relief for which higher court-fee was payable. In the case of Vishnu Pratap Sugar Works (P.) Ltd. v. The Chief Inspector of Claims, U. P. : [1967]3SCR920 it was held that the well-settled rule of law is that for purposes of the Act it is the substance, and not the form, of the plaint which has to be considered for deciding which particular provision of the Act should apply. In that case the argument was that although the plaintiff had prayed for the relief of injunction only, it was in effect a declaratory decree where consequential relief had been prayed for and that the pith and substance of the plaint clearly revealed that the plaintiff ought to have asked for a declaratory decree where consequential relief had also to be prayed for, and, therefore, the plaintiff should not have paid a small sum as court-fees on the substantive relief of injunction under Section 7(iv-B) but should have paid a very large sum as court-fees for the relief of declaratory decree where consequential relief was prayed for as provided under Section 7(iv)(a) of the Act. Their Lordships of the Supreme Court, while rejecting that argument, observed that the substantive relief of injunction could be claimed without asking for any declaration (and in fact no declaration had been asked for) and, therefore, even after looking to the pith and substance of the claim it could not be said that the relief asked for was of declaration where consequential relief had also been claimed.

78. Two propositions of law emerge from this ruling. These are--

(a) For the purposes of the Apt It is the substance, and not the form, which has to be considered while deciding which particular provision of the Act applied; and

(b) if the relief of injunction claimed could be claimed as a substantive relief it cannot be regarded to be a mere consequential relief.

79. The expression 'consequential relief' has nowhere been defined in the Act. Even after the case of Kalu Ram : AIR1932All485 no attempt was made by the Legislature to define the expression 'consequential relief' occurring in Section 7(iv)(a) of the Act. If the Legislature was not satisfied with the interpretation of the aforesaid term by the Full Bench of five Judges of this Court, it was open to it to give a clear definition of the term. It . is significant to note that no such attempt was ever made during the last thirty-five years and the case of Kalu Ram : AIR1932All485 has held the field.

79-A. According to Oxford Dictionary, the word 'consequential' means 'following as a result or inference'. It need not be confused with the word 'connected' which means 'joined in sequence' or 'coherent'.

80. The two independent reliefs of declaration and injunction where both the reliefs are independent reliefs may well be called connected reliefs. The relief of injunction can be said to be consequential to the relief of declaration only when it could not be claimed independently of the relief of declaration. In my opinion, it is in this sense that the words 'consequential relief' have been used in Section 7(iv)(a) of the Act. A bare reading of that provision of law would clearly show that the main relief must be that of declaration and the other relief must not be an independent relief but something which follows as a result of the relief of declaration. It may perhaps be inferred that the relief other than the declaratory relief must not be capable of being claimed independently of the substantive relief.

80-A. There is no force in the contention that in all conceivable cases, the consequential relief is capable of being claimed independently as a substantive relief. The following two examples will show that there could be cases where the main relief is that of declaration and the other relief is merely an ancillary relief which follows from the declaratory relief:

(i) Upon declaration that the order of dismissal passed by the defendant against the plaintiff is illegal and ultra vires and is not binding on him, the arrears of salary from the date of dismissal be allowed to him -- valued at Rs, 50,000/-.

(ii) Upon declaration that the plaintiff is the adopted son of the defendant and her late husband, the defendant be restrained from interfering with the plaintiff's right to enter the residential house of the family and reside in the same --valued at Rs. 20,000/-.

81. In both these cases it is obvious that the main relief is that of declaration and the other relief is only an ancillary relief which follows from the relief of declaration. In example (i) the plaintiff cannot claim the arrears of salary after his clear admission that he has been dismissed by the defendant -- though, according to him, illegally. The plaintiff might be entitled to claim his wages by means of a summary process under Section 15 of the Payment of Wages Act, but until such declaration is obtained he cannot claim those wages before the authority constituted under the Payment of Wages Act. In the civil suit also where the relief is of declaration and arrears of salary, it is obvious that the main relief is that of declaration. Similarly, in illustration (ii), the main relief will be that of declaration, and the other right which has been claimed by the plaintiff merely flows from the relief of declaration and cannot be claimed independently. A relief of declaration where a consequential relief is also asked for is for the purposes of the Act a composite relief and not made up of two separate reliefs. One court-fee has to be paid on that composite relief. Where the plaintiff has claimed the relief of declaration and the relief of injunction separately, it is still within the power of the court to say that judging the pith and substance of the plaint both the reliefs are to be construed as one composite relief, that is to say, the relief of declaration where consequential relief has also been prayed for. However, before the court comes to that conclusion it has, in my opinion to satisfy itself that the relief of declaration and the relief of injunction could not be claimed independently of each other, and that in any case the relief of injunction which has been claimed as a separate and independent relief could not be claimed as a separate and Independent relief. In a case where the relief of injunction can be claimed as a separate and independent relief it may not be proper for the court to say that in fact the two reliefs which have been separately claimed and which are capable of being claimed independently of each other constitute one single relief falling under the provisions of Section 7(iv)(a) of the Act.

82. Where two reliefs have been separately provided for in the Act and each of them could be claimed as an independent relief, it is difficult to understand why they should not be allowed to be claimed as such and the court should necessarily arrive at the conclusion that the second relief claimed is consequential to the first. If both the reliefs can be claimed independently, they can be considered to be connected reliefs and the second relief might not be said to be consequential to the declaratory relief.

83. In the case of : AIR1932All485 (supra) the following tests were laid down for interpreting the words 'consequential relief' as occurring in Section 7(iv)(c) (corresponding to Section 7(iv)(a)) of the Act:--

(1) The relief follows directly from the declaration given.

(2) The valuation of the relief is not capable of being definitely ascertained.

(3) The relief is not specifically provided for anywhere in the Act.

(4) The relief is one which cannot be claimed independently of the declaration, as a substantive relief.

84. In my opinion it is difficult to say that any of the four tests mentioned above has now become redundant. No one says that the first test has become redundant. The third and fourth tests also cannot be said to be redundant, for the simple reason that if a relief other than the relief of declaration can be claimed as an independent relief, and has been claimed as such, there can be no ground for calling it a consequential relief, particularly when it has been specifically provided for elsewhere in the Act. The relief taxable under Section 7(iv)(a) of the Act being a composite relief (of declaration and consequential relief) may not be capable of being definitely ascertained. In most of the cases the relief being a composite relief, it can only be arbitrarily valued. Therefore, all the four tests laid down in the case of : AIR1932All485 (supra) must still be regarded to be good tests for determining whether or not a particular relief is a declaratory relief where consequential relief has been prayed for.

85. I have not been able to find anything in the amendments made under the Act subsequent to the case of Kalu Ram, : AIR1932All485 to show that the Legislature did not approve of the aforesaid four tests to determine whether or not a particular relief was a relief of declaration where consequential relief had also been prayed for.

86. I am of the view that the four tests laid down in the case of : AIR1932All485 (supra) for determining whether any relief claimed is a declaratory relief where consequential relief has also been prayed for still continue to be good and valid.

87. In my opinion the connected appeals and the civil revision should be decided as indicated in my order dated 7-5-1969.

88. BY THE COURT: In accordance with the opinion of the majority, the civil revision and the special appeals are disposed of as follows:--

89. Special Appeals Nos. 27, 33 and 34 of 1961 are partly allowed and the orders of the learned Single Judge and of the Civil Judge are set aside in so far as they relate to the valuation of the relief. The trial Court is directed to order the plaintiffs to value the suit according to the valuation of the relief of the injunction determined in accordance with the provisions of Sub-section (iv-B) of Section 7 of the Court-Fees Act and to pay court-fee thereon. Parties will bear their own costs throughout.

90. Civil Revision No. 526 of 1963 is dismissed. Parties will bear their own costs of the revision.


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