( 1 ) THE petitioner herein is the original plaintiff. Opponents Nos. 1 to 4 are the original defendants and the State of Gujarat is the 5 opponent. The State of Gujarat is only added as a party in this Civil revision application and the reason for joining the State as a party is obvious; the matter concerns the Court Fees Act and that is why the State of Gujarat has been joined as one of the opponents.

( 2 ) THE plaintiff has filed the suit being Special Civil Suit No. 8 of 1976 in the Court of the learned Civil Judge Senior Division Rajkot. The suit is for a declaration and partition of one-fourth share which the plaintiff claims in the suit land and he has prayed that after ascertaining the one-fourth share of the land coming to his share the same should be handed over to him and possession should be given to him. In the suit acting under sec. 12 (3) of the Act The Court Fees Inspector the Inspe- ction Officer made his report on 12/07/1976 requesting the Court that a provisional finding should be recorded that proper court fee has not been paid by the plaintiff on the plaint and the Court should revise the valua- tion and determine that the amount of deficit court