Anil Kumar Sen, J. - (1.) This is a revisional application at the instance of defendant No. 1 directed against an order, dated January 29, 1981 passed by the learned Subordinate Judge, 3rd Court, Midnapore, in Title Suit No. 21 of 1976. By the order impugned the learned Subordinate Judge disposed of an objection as to sufficiency of the court fee paid by the plaintiff on the plaint preferred by the defendant- petitioner. This revisional application has been heard as a contested application on notice to the plaintiff/opposite party.
(2.) The plaintiff instituted the above suit praying for a declaration that an earlier compromise decree passed in Title Suit No. 74 of 1947 between the plaintiff and the principal defendant is unjust, illegal, inoperative, null and void and the same is not binding on the plaintiff and for a decree for partition in respect of suit properties on a claim of one-third share therein. The previous decree was a decree for partition and the plaintiff claimed the said decree to be void and inoperative on grounds pleaded in the plaint. Plaintiff valued the suit for the purpose of jurisdiction at Rs. 91,200/- and paid a fixed court fee of Rs. 15/- for partition and Rs. 20/- for declaration.
(3.) The plaintiff later amended the plaint and incorporated a prayer for reopening the previous partition in the event it is held that there was such a partition obviously in terms of the decree in the earlier suit.;