IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.26 of 2009 SHYAM SUNDAR PATHAK & ORS Versus SMT. ANJU DEVI & ANR ----------- 2. 16.1.2009 Heard counsel for the petitioners. There is some justification in the grievance of the petitioners that when it was pointed out to the court that the relief was one confined to the declaratory suit, the court below in stead of directing leading of evidence on the point of valuation of the suit has to first decide as to whether the advolerum court fee was payable in the light of the averments and the relief prayed in the plaint. Counsel for the petitioners has rightly relied on some of the observations made in the judgment of this Court in the case of Kamaldeo Prasad Singh vs. Smt. Ram Shawari Das & anor., reported in 2006(4) PLJR 443 and in the case of Devasharay Singh vs. Saroj Kumar @ Saroj Singh, reported in 2008(2) PLJR 507. The court below, therefore, before proceeding to record evidence on this issue will once again apply its mind and pass an appropriate order. 2 With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/