( 1 ) A question of some importance concerning Court-fee arises in A. S. No. 586 of 1969. C. M. A. No. 72 of 1970 has been brought along with the regular appeal because it is about the same matter and between the same parties.

( 2 ) ONE Matta Krishna Reddi had two sons-Venkata Koti Reddy and Sitarama reddy. Sitarama Redcly filed O. S. No 32 of 1967 in the Court of the Subordinate judge, Vijayawada for partition of the properties in which his father and elder brother were defendants 1 and 2. That was decreed ex parte on 7th July, 1967 and a preliminary decree for partition, was passed. Both the defendants filed petitions under Order 9, rule 13 for setting aside tbe ex parte decree, the one filed by the elder brother (D-2) being i. A. No. 1803 of 1968 and the other filed by the father (D-:) being I. A. No. 2166 of 1968. Both the petitions were dismissed on 4th February, 1970 on the ground that the petitions had not been filed within 30 days of knowledge of passing of the ex parte decree. The two defendants in O. S. No. 32 of 1967 as plaintiffs 1 and 2 and the two sons of the second defendant as plaintifts 3 and 4 also filed O. S. No. 259 of 1968 in the same Court on