Section 38. Suits for cancellation of decrees, etc

(1) In a suit for cancellation of a decree for money or other property having a money value, or other document which purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest in money, movable or immovable property, fee shall be computed on the value of the subject-matter of the suit, and such value shall be deemed to be- (a) if the whole decree or other document is sought to be cancelled the amount or value of the property for which the decree was passed or other document was executed; and (b) if a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property. (2) If the decree or other document is such that the liability under it cannot be split up and the relief claimed relates only to a particular item of property belonging to the plaintiff or to the plaintiffs share in any such property, fee shall be computed on the value of such property or share or on the amount of the decree, whichever is less. Explanation.- A suit to set aside an award shall be deemed to be a suit to set aside a decree within the meaning of this section.