A. Lekshmikutty, J.

Against the order regarding the additional issue No. 3 in O.S. No. 2 of 1997 on the file of the Sub Court, Kozhikode, this revision is filed by the plaintiff. The plaintiff filed the suit for partition of 1/7th share over the plaint schedule property. An additional issue was raised regarding court fee. The plaintiff paid court fee under S.37(2) of the Kerala Court Fees and Suits Valuation Act. The Court below found that the plaintiff has no joint possession over the plaint schedule property and therefore, the court fee paid under S.37(2) of the Kerala Court Fees and Suits Valuation Act is not correct. challenging the said order, this revision petition is filed.

2. The only point to be considered is whether the impugned order is liable to be set aside.

3. The petitioner filed the suit for partition and separate possession of 1/7th share over the plaint schedule property with mesne profits and for consequential reliefs. As per the plaintiff, he has purchased 1/7th right over the plaint schedule property from the 8th defendant who got it from the first defendant by auction sale in pursuance of the decree passed in O. S. No. 254 of 1984. The plaintiff along