The petitioners/legal representatives of defendant 1 in O.S. No. 826 of 1993 on the file of the City Civil Judge at Bangalore City are before this Court challenging the common order dated 2-9-2006 made on the applications filed under Order 26, Rule 9 of the Civil Procedure Code, 1908 and under Sections 11 and 18 of the Karnataka Court Fees and Suits Valuation Act, 1958 (in short, 'CFSV Act, 1958').

2. Heard Sri D.R. Sundaresh, learned Counsel for the petitioners.

3. The brief facts of the case leading to filing of the writ petition may be stated as under:

A suit was filed in O.S. No. 826 of 1993 for partition and separate possession to the extent of 1/9th share each. After the death of defendant 2 (mother of the plaintiffs), the plaintiffs amended the plaint and prayed for declaration that they are the absolute owners of item 2 of ‘A’ Schedule property and also the properties under the registered sale dated 1-7-2002 executed by their mother. After the plaint was amended, the Court below has framed nine additional issues. The 9th additional issue reads as under ''Is the Court fee paid is insufficient".

4. After the plaintiff filed affidavit by, way of evidence, the present pet