G.N.Prasad, J.

1. The petitioners are the plaintiffs of Title Suit No. 41 of 1962 which they have filed in the Court of the Subordinate Judge, Second Court. Monghyr, for partition claiming -/8/- annas share in the suit-properties on the basis of a genealogy which has been included in Schedule 1 of the plaint. The short question which arises for decision is whether the petitioners are liable to pay court-fee on ad valo rem basis upon the plaint which they have filed with a fixed court-lee of Rs. 22.50 under Article 17(vi) of Schedule II of the Court-Fees Act.

2. By his order dated the 31st August 1963, the learned Subordinate Judge has held that although in the relief-portion of the plaint only a simple prayer has been made for partition, the recitals contained in paragraphs 7 to 13 of the plaint make it clear that the plaintiffs are really seeking a declaration to the effect that a compromise decree passed in a previous suit (Title Suit No. 9 of 1961) between the same parties is invalid, void and not binding upon them According to the learned Subordinate Judge, the plaintiffs can get a decree in the present suit only when the decree in the previous suit is set aside and. th