JUDGMENT Tudball, J. - This is a reference by the Taxing Officer. The plaintiff in the suit sued for restitution of conjugal rights and obtained a decree. The defendant has "appealed affixing a court fee stamp of Rs. 10, under article 17, clause (vi), of the second schedule to the Court Fees Act. The office report is to the effect that it should have an ad valorem stamp calculated on the value of the suit, as given by the plaintiff, for the purposes of jurisdiction. It has, no doubt, been held by this court in the case of Zair Husain Khan v. Kkurshed Jan (1906) I.L.R., 28 All. 545 that a suit of this nature may be arbitrarily valued by the plaintiff for the purpose of jurisdiction. The office suggests that this being so, an ad valorem fee must be paid, but it is obvious that the valuation placed by the plaintiff for the purposes of jurisdiction is entirely an arbitrary one, enabling him thereby to select the forum for the trial of the suit. But at the same time it is equally clear that it is not possible to estimate at a money value the subject-matt or of the present suit. The valuation for the purpose of jurisdiction is clearly an arbitrary valuation pure and simple. Prior to the coming into force of the present CPC Act V of 1908, in such suits, there was a fixed court fee of Rs. 5. u/s 156 of Act V of 1908, article 15 of schedule II to the Court Fees Act is repealed. The present class of suits, therefore, is not one which prior to that Act was such that an ad valorem fee was taken upon it. If every plaintiff can for the purpose of jurisdiction put an arbitrary value on the subject-matter in suits in which the value of such subject-matter cannot be estimated in money, and if by reason thereof an ad valorem court fee muss be calculated in such suits, unless they fall within some specified article, then clause (vi), article 17, schedule II to the Court Fees Act is quite useless. It cannot, however, be presumed that it was retained for no purpose whatever. 2. It is clear to my mind, that the present suit does fall within clause (vi) of article 17 of schedule II. The proper court fee is Rs. 10.