( 1 ) THIS appeal has been directed against the order dated 15th May, 1971 passed by Sbri R K. Sen, Sub Judge, Delhi whereby the trial court has returned the plaint to the plaintiff for presentation before the court of competent jurisdiction after having found that the suit is not correctly valued for the purposes of court fee and jurisdiction and the value of the properties indispute is about Rs. 100,000. 00.

( 2 ) THE plaintiff had filed a suit for partition of properties No. l8/16a,16/ia,tilak Nagar, New Delhi and A-12/17,new Market. Moti Nagar, New Delhi-15 and for rendition of accounts on the ground that the plaintiff and defendants 1 to 5 constitute a joint Hindu family and the plaintiff has l/6th share in the properties whereas defendants 1 to 5 have l/6th each share in this property.

( 3 ) OUT of the pleadings of the parties, as many as eight issues were framed but issue No 4, which is relevant to determine the point in controversy, is reproduced below:

"4. Whether the suit is not property valued for purposes of court fee and jurisdiction. "

THE evidence was also led on this issue and after appreciation of evidence. the learned trial court has held that that the