( 1 ) ). In this second appeal the following substantial questions of law were framed by this Court (Coram: P. D. Desai J.):" (1) Whether the Appellate under-valued the subject matter of the suit for the purposes of courts-fees and the suit is liable to be dismissed on the ground that it is not filed on payment of proper Court-fees. (2) Whether the suit is bad for joinder of necessary parties. (3) Whether the lower Appellate Court erred in law in rejecting the Appellants application for amendment of the plaint with a view to impleading parties who were found to be necessary parties. (4) Whether the suit is barred by law of limitation and (5) Whether the Appeal before the lower Appellate Court was barred by law of limitation.

( 2 ) ). The first question pertains to the valuation of the suit for the purpose of court fees. Originally the plaintiff who has 1/10th share in the suit property had filed this suit in forma pauperis; but subsequently he agreed to pay the court fees and the court granted him time to pay up the proper court fees. The plaintiff paid a court fee of Rs. 53. 00only and contended that his interest in the suit properties is only 1/10th and therefore