( 1 ) THIS revision petition has been filed under section 115 of the Code of Civil Procedure by the defendants against the order of the Sub-Judge, I Class, dated 25th October, 1972, by which he has held that the value of the suit falls within his pecuniary jurisdiction.

( 2 ) THE material facts of the case lie in a narrow compass. The plaintiff respondent instituted a suit for partition and separate possession of 1/45th share, besides rendition of accounts. The valuation of the suit as given in the plaint is as follows :

"1. For the purposes of court fee, a fixed court fee of Rs. 20. 00 has been paid, as the plaintiffs are in part possession of the properties in dispute.

2. For purposes of jurisdiction Rs. 5000. 00 being equal to the market value of the interest claimed by the plaintiffs in the properties in dispute.

3. For the purposes of rendition of accounts Rs. 1000. 00 for the purposes of jurisdiction Rs. 200. 00 for purposes of court fee, on which a court fee of Rs. 20. 00 has been paid. The total court fee paid is Rs, 40. 00 on the plaint. The total value of the suit for purposes of jurisdiction is Rs. 6000. 00 "

( 3 ) THE defendant-petitioners contested the suit an