KAMALESHWAR KISHORE SINGH Vs. PARAS NATH SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Kamaleshwar Kishore Singh the appellant and his two minor sons suing through the appellant as next friend, have filed a suit for partition of movable and immovable properties, registered as T.P. Suit No. 489 of 1993 in the Court of Sub-Judge-I, Patna. A perusal of the plaint shows that the parties are alleged to be member of joint Hindu Mitakshara family and the properties forming subject-matter of the suit, set out in the two schedules annexed with the plaint (Schedule-I listing the immovable properties and Schedule II listing the movable properties) are alleged to be joint family properties of the parties. The source of acquisition of properties is alleged to be joint family funds. The share claimed by the plaintiffs is '25/3 paise out of 100 paise'. The remaining shares belong to the defendants. The relief sought for are: (i) a preliminary decree defining plaintiff's share at '25/3 paise' in the suit properties described in Schedule I and II of the plaint, (ii) appointment of a Commissioner to divide the properties by metes and bounds, and (iii) placing the plaintiffs in exclusive possession over the property falling in their share. The suit is valued at Rs. 16 lakhs for the purpose of jurisdiction but according to the plaintiffs it being a simple suit for partition a fixed court-fee of Rs. 29.25 p. only is liable to be paid which has been affixed on the plaint.

(3.) It appears that the defendant No. 20 moved an application on 3-10-96 submitting that the properties exclusively belonging to her, being her self-acquired properties, as evidenced by the documents filed by her with the written statement, have been included in the suit for partition and so either the defendant No. 20 be deleted from the array of the parties or in the alternative the plaintiffs be directed to payad valoremcourt-fee on the market value of the properties standing in the name of this defendant amounting to Rs. 30,50,000/-. By order dated 17-12-96 the trial court allowed the objection petition filed by the defendant No. 20 and directed as under :-