G. N. Das, J :- This is an application on behalf of the plaintiffs-petitioners and is directed against an order made by Mr. Fatik Chandra Roy Choudhury, learned Subordinate Judge, Hooghly, holding that the suit was not properly valued and stamped and requiring the plaintiffs to put in the deficit court-fees within one week from that date.

2. The plaintiffs allegation in the plaint is that the disputed properties which are described in items Nos.1 to 4 of the plaint belonged at one time to a joint family consisting of four brothers, Bama Charan, defendant 1 of this suit, Shama Charan, Panchanan and Satish. Shama Charans son Kalipada is defendant 2 in this suit. Panchanans widow Mahalauxmi is plaintiff 1 and his son Dulal is plaintiff 2. Satish is dead. On certain allegations made in the plaint the plaintiffs alleged that a preliminary decree passed in a previous suit for partition being Title suit no. 31 of 1947 was inoperative, fraudulent and not binding on the plaintiffs of this suit.

The plaintiffs alleged that in items NoS.2 to 4 of the plaint in the present suit the plaintiffs have 8 annas share and defendant 2 the other 8 annas share and in item no. 1 the plaintiffs hav