SUDHINDRA MOHAN GUHA, J. :- This Rule arises out of an order dated 3-5-75 passed by the learned Subordinate Judge, 5th Court, Alipore (24-Parganas) whereby he held that the payment of Court-fees of Rs. 15/- was sufficient and that the plaintiff need not pay the ad valorem Court-fee.

2. The opposite party No. 1 as plaintiff instituted a title suit being T.S. No. 95 of 1970 in the 5th Court of the Subordinate Judge at Alipore against the petitioners and opposite parties Nos. 2 to 10 for a preliminary decree for partition in respect of the suit properties declaring his 1/14th share therein upon a declaration that the deed of trust dated 10-2-50 executed by late Bhusan Chandra Ray Sardar was invalid, void and inoperative and did not affect the plaintiffs title and for partition by metes and bounds. It was pleaded that late Bhusan Chandra Ray Sardar, the predecessor-in-interest of the parties died on 23-5-68 and the plaintiff being the eldest son by the predeceased wife was entitled to 1/14th share in the properties left by him and thereafter the plaintiff demanded partition from the other heirs who however disclosed that the said Bhusan Chandra had executed a deed of trust on 1