JUDGMENT Mukherjea, J. - On hearing Mr. Dutt for the Petitioner, and Dr. Basak for the Province of Bengal, we are of opinion that the Court below was right in holding that the provisions of Art. 11 of Schedule II of the Court Fees Act are not attracted to a case like this. It appears that, under sub-sec. (3) of sec. 38 of the Bengal Money-Lenders Act, a proceeding under that section is to be regarded as a suit for purposes of sec. 11 of the CPC and an appeal lies against the order made in that proceeding in the same way as if it were a decree. As the order has the force of a decree for the purpose of an appeal, we do not think that it comes under Art. 11 of Sch. II of the Court Fees Act, and the memorandum of appeal must be stamped with the court-fee which is necessary to be paid in the case of an appeal from a decree of this character. 2. We think, however, that as the decree in a proceeding under sec. 38 of the Bengal Money-Lenders Act is a declaratory decree pure and simple where no consequential relief is prayed for, Art. 17 of Sch. II of the Court Fees Act would apply, and consequently, the proper court-fees to be paid on a memorandum of appeal from an order of this character will be Rs. 20. 3. The result, therefore, is that this Rule is made absolute in part and the order of the Court below is modified to this extent, namely, that the Petitioner will be called upon to pay court-fee of Rs. 20 minus Re. 1 already paid, on his memorandum of appeal filed against the order. 4. We make no order as to costs in this Rule. Blank, J. I agree.