( 1 ) THIS Rule has been obtained by the plaintiff in a suit for partition against an order of the Subordinate Judge, First Court, Alipore, dated 19-6-1956, by which the learned Judge directed the plaintiff to pay ad valorem Court-fees upon certain properties included in the schedule to the plaint.

( 2 ) BRIEFLY stated, the plaintiff's case in the plaint is that the plaintiff and the defendant No. 1 are two brothers having equal shares in all the joint family properties. Defendants Nos. 2 to 8 have been impleaded in the suit on the ground that certain properties which were claimed by the plaintiff as joint family properties stand in their names. Defendant No. 2 is the wife of defendant No. 1. Defendant No. 3 is the son of defendant No. 1. Defendant No. 4 is the wife of defendant No. 3 and defendant No. 5 is the widow of a predeceased son of the plaintiff. Defendant No. 6 is a private tutor of the family. Defendant No. 7 is a pleader of the Alipur Court and defendant No. 8 is a relation of defendant No. 1 by marriage. In paragraph 4 of the plaint, the plaintiff states that although defendants Nos. 2 to 8 are ostensible owners of the properties standing in their na