S. H. SHETH, J. ( 1 ) THE first question which I am required to decide is whether the learned trial Judge was justified in directing the plaintiff to pay an additional Court fee of Rs. 2 740 It has been argued on behalf of the plaintiff that the declaration of voidness which the plaintiff seeks in regard to the impugned award is not susceptible of monetary evaluation and that therefore so far as the payment of Court fees is concerned the suit is governed by sec. 6 (iv) (j) of the Bombay Court fees Act 1959 Clause (j) of sec. 6 (iv) provides as follows:" (J) In suits where declaration is sought with or without injunction or other consequential relief and the subject matter in dispute is not susceptible of monetary evaluation and which are not otherwise provided for by this Act thirty rupees". The material question which I have therefore to decide is whether the declaration which the plaintiff seeks is susceptible of monetary evaluation. roe four awards in regard to which the plaintiff seeks the declaration are awards made against him for recovery of moneys. The total amount which the plaintiff is required to pay under these awards is Rs. 61 90 What therefore the plaintiff seeks to achieve by seeking the declaration he prays for is the avoidance of his monetary liability of Rs. 61 90 Can it be said under the aforesaid circumstances that the declaration of voidness which the plaintiff seeks in regard to the impugned awards (the subject matter in dispute) is not susceptible of monetary evaluation ? Susceptible means capable of taking receiving. Therefore susceptible of monetary evaluation means capable or admitting of monetary evaluation. When the Legislature has used in sec. 6 (iv) (j) the expression the subject mater in dispute is not susceptible of monetary evaluation so far as the declarations are concerned it clearly pre-supposes that there are certain declarations which are susceptible of monetary evaluation and that there are certain other declarations which are not susceptible of monetary evaluation. It cannot be said that every declaration of whatever nature and character is not susceptible of monetary evaluation. To take that view is to defeat the intention of the Legislature and to charge the Legislature with tautology. It cannot be said that every declaration of whatever nature and character is not susceptible of monetary evaluation. To take that view is to defeat the intention of the Legislature and to charge the Legislature with tautology. If every declaration in not susceptible of monetary evaluation then there was no point in the Legislature using the expression and providing for declarations the subject matter of which is not susceptible of monetary evaluation. Bearing these two classes of declarations in mind it is necessary to find out whether a declaration of voidness sought in respect of an award under which the plaintiff is liable to pay a certain amount to the defendant is susceptible of monetary evaluation. As for example a declaration in relation to matrimonial status or others us or office is per se not susceptible of monetary evaluation. But it is difficult to say that declaration of voidness sought in respect of an award or a decree under which the plaintiff is obliged to pay the defendant a certain amount is not susceptible of monetary evaluation. The relief which the plaintiff seeks in the present suit in form and substance relates to the avoidance of his monetary liability under the impugned awards. I am therefore of the opinion that the declaration of voidness which the plaintiff seeks in the instant case is susceptible of monetary evaluation and that therefore the present suit so far as the payment of Court fees is concerned is not governed by sec. 6 (iv) (j) of the Bombay Court fees Act 1959 The learned trial Judge was therefore justified in ordering the plaintiff to pay ad-valorem Court fees. The first contention which has been raised is therefore rejected. [the rest of the judgment is not material for the reports. ] application dismissed. .