IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.283 of 2009 1. Yogendra Yadav, son of Khublal Yadav 2. Naresh Yadav, son of Yogendra Yadav 3. Bhagya Narayan Yadav, son of Hazari Yadav 4. Radhey Yadav, son of Bhagya Narayan Yadav, all resident of Village Bhamarpura, P.S. Jalley, District-Darbhanga ------ Defendants Ist Party ---- Petitioners. Versus 1. Gauri Shanker Chaudhary 2. Shraban Kumar Chaudhary, both are sons of late Ragho Ram Chaudhary, resident of Village Chahuta, P.S. Benipatti, District-Madhubani, at present residing at Radhi Tole, Nagar Dih, P.S. Jalley, District- Darbhanga ---- Plaintiffs---- Opposite Parties. ---------------------------------- 3. 17.11.2011 Heard Mr. Ashok Kumar Mishra for the petitioners. Defendant Ist party of Title suit no. 33 of 2008 have preferred this application under the provisions of Section 115 of the Code of Civil Procedure, and are aggrieved by the order dated 4.12.2008, passed by the learned Munsif IInd, Darbhanga, whereby their applications challenging the valuation of the suit has been rejected. We have perused the materials on record and considered the submissions of the learned counsel for the petitioner (defendant Ist party). After defendant Ist set placed on record their written statement, they filed an application under Order 7, Rule 10 of the Code of Civil 2 Procedure, inter alia, stating therein that the plaintiffs have under-valued the suit, and have paid fixed court fee, whereas Ad Valorem court fee is payable. The application has been rejected, inter alia, on the ground that the suit is in the nature of declaratory suit, seeking permanent injunction against the defendants and does not pray for any consequential relief. In such a situation, the learned trial court has rightly concluded that fixed court fee is payable. Law is well settled that court fee is determined on the basis of the averments made in the plaint. The impugned order can not, therefore, be faulted. The civil revision application is dismissed. Vinay/ ( S. K. Katriar, J.)