SURAJ PRASAD Vs. JAGARNATH PD

JUDGEMENT

(1.) THIS is an appeal under Section 6-A, Court-fees Act, and involves two short points.

(2.) A suit was filed for partition of joint family property. under Section 7 (iv-A) in suits for partition the plaintiff has to pay court-fees as provided for in that sub-section. It appears that the plaintiff's father had entered into a compromise with his other coparceners and a partition deed had been executed by the father not only for himself but on behalf of the minor son as his guardian. This was necessary as in the partition suit the minor had also been impleaded as a party.

(3.) THE plaintiff filed the suit, out of which this appeal has arisen, for partition of the property ignoring the previous compromise dated 13-1-1952. The plaintiff's contention was that the partition deed dated 13-1-1952, was invalid and he was entitled therefore to ignore it.