Das, J.

1. This application in revision is directed against an order of the learned Subordinate Judge of Dhanbad dated 4-3-1952, by which the learned Subordinate Judge has asked the petitioners, who were plaintiffs in the suit pending before the learned Subordinate Judge, to pay court-fees on Rs. 66,666 and odd annas in the following circumstances.

2. The petitioners brought a suit numbered Title Suit No. 54 of 1950 in which they made the following prayers in paragraph 17 of the plaint : "Paragraph 17. The plaintiffs pray--

(a) For a decree for declaration that the plaintiffs have title to the 2/3rd share in the properties described in schedule II below and that the partition of 1911 referred to in the plaint was illusory, fraudulent, inequitable and void.

(b) For a decree for partition by metes and bounds of the properties described in schedule I.

(c) For costs, of the suit together with interest.

(d) For any other or further reliefs which the plaintiffs may be found entitled to."

The facts which the petitioners alleged in support of their prayers were the following. Ramhriday Chakravarty had four sons. Rameshwar, Kailash (father of plaintiffs 1 and 2). Ananta (father of p