A.N. Venugopala Gowda, J.— Plaintiffs are the appellants. They filed O.S. 239/93 in the Court of Prl. Civil Judge (Jr.Dn.) at Devanahalli against the defendants - respondents, for partition and separate possession of the plaint schedule property. Defendants 2 and 3 filed the written statement and alleged that, the suit property is the self acquired property of their father - the 1st defendant, who has executed a will in favour of the 3rd defendant and therefore, the plaintiffs have no share in the suit property. In the written statement, there was also plea with regard to lack of pecuniary jurisdiction to try the suit and also with regard to sufficiency of the payment of court fee. During the pendency of the suit, first defendant - Ramagondanahalli Muniswamappa, having passed away, his daughters were brought on record as the legal representatives. They adopted the written statement filed by defendants 2 and 3. The learned Trial Judge initially raised 12 issues and thereafter, 2 additional issues. Issue Nos. 8 and 9, pertaining to the sufficiency of court fee and the pecuniary jurisdiction to try the suit respectively, were ordered to be tried as preliminary issues. At that