(1) THIS appeal is an illustration as to how procedural bottlenecks could thwart real justice to the parties and the partition suit of 1975 can be kept still lingering at the threshold on the question of payment of proper court-fees and the pecuniary jurisdiction of the competent court to try it.

(2) A few relevant facts leading to this appeal deserve to be noted at the outset to highlight the aforesaid observation of ours.

(3) THE appellant as well as respondent nos. 1 to 4 as co-plaintiffs filed a civil suit being O.S. No. 67 of 1975-1 in the Court of teamed Munsif, Khurda in Orissa State. In that suit the five plaintiffs claimed partition and separate possession of their shares in the suit properties. In the present appeal we are not concerned with the merits of the suit. The original defendant no. 3 who is respondent no. 5 before us contested the suit on various grounds including one of pecuniary jurisdiction of the trial court to entertain the suit. Ultimately, the trial court took up the suit over-ruling the objection of defendant no. 3 about the Courts pecuniary jurisdiction to entertain the suit. The trial court passed a preliminary decree for partit