( 1 ) THE plaintiff is the petitioner. He filed a suit for a declaration that the decree obtained by the 2nd defendant in O. S. No. 27 of 1944, Sub Court, rajahmundry, for partition, is hot binding on him, not being a party to the suit; and for partition of the plaint scheduled properties into two equal shares, he valued the two reliefs under Articles 17-A and 17-B respectively and paid court fee on that basis. The 1st defendant is the father of the plaintiff, the 2nd defendant being the widow of the 1st defendant s brother. The latter filed a suit O. S. No. 27 of 1944 against the 1st defendant and others claiming a half share in the family properties on the ground that there was a division in status between her husband and the 1st defendant in the year 1935 and obtained a preliminary decree for partition. The decree was confirmed by the High Court in A. S. No. 263 of 1947. The present suit giving rise to this petition has been brought on the allegations that the above decree does not bind him for the several reasons mentioned in paragraph 7 of the plaint, and with the prayers mentioned above.

( 2 ) THE trial court, on an objection taken by the Court fee Examiner,