( 1 ) THIS case raises a question of court-feces payable by the plaintiff in a suit which is ostensibly a suit for partition. The plaintiff who is the petitioner before us instituted a suit for partition of certain immovable properties described in schedule Ka of the plaint and of a Biri business described in schedule Kha and also of certain moveabled described in schedule Ga of the plaint. The defendants Nos. 1 and 2 are the two brothers of the plaintiff and the defendant No. 3 is the son of defendant No 1. The controversy with regard to court-fee Centres round the biri business. In the plaint the plaintiff alleges in para. 6 that the biri business was started with the income of the joint family consisting of the plaintiff and his two brothers; that biris used to be actually prepared in the ancestral house of the plaintiff and defendants Nos. 1 and 2 and at village Patua Mohanpur but the biris used to be sold from a shop in Kasba. Defendant No. 1 used to live near the shop for the purpose of selling the biris but the plaintiff used to prepare the biris at his'villago home. In paragraph 11 of the. plaint it is stated that the defendant No. 1 with a view to deprive the p