SATYA NARAIN RAI Vs. YOGENDRA RAI

JUDGEMENT

(1.) This First Appeal has been filed by the Plaintiff No.1 against part of the Judgment and conditional decree dated 26.02.1994 passed by Sri Surya Narain Mahto, the learned Subordinate Judge-I, Vaishali at Hajipur in Partition Suit No.101 of 1991 whereby the learned Court below has decreed the plaintiff suit for partition to the extent of 2/3rd share but directed the plaintiffs to deposit ad volorem court fee on the valuation of the share of the plaintiff.

(2.) This Appeal has been filed against that direction by which the appellant was directed to deposit the ad volorem court fee on the market value of the property falling in the share of the appellant.

(3.) It appears that the plaintiff-appellant along with another Mostt. Mahrajia Devi filed simple suit for partition being Partition Suit No.101 of 1991 claiming partition to the extent of 2/3rd share in the suit property. The facts are not disputed, therefore, it is not necessary to go into great details regarding the fact alleged by the plaintiff.