1. The question that arises for consideration is as to whether in a suit for partition separate court fee is necessary for the prayer for declaration that a settlement deed is invalid and not binding on the revision petitioner or the plaint schedule properties.

2. Revision petitioner (plaintiff) filed O. S.50/83 before the Munsiff Court, Wadakancherry praying for a declaration that settlement deed 1889/1964 of Mundoor Registry Office is invalid and not binding on him or the properties. Plaintiff also seeks partition and separate possession of 1/7th share in the plaint schedule properties. Court fee was paid under S.37(2) of the Kerala Court Fees Act. There is no dispute with regard to that. The dispute is with regard to the order of the court directing the plaintiff to pay court fee under S.25(d)(i) of the Kerala Court Fees Act. The learned Munsiff held that as far as the declaration prayer is concerned the subject matter of the suit is the plaint schedule property, which is capable of valuation and therefore the plaintiff is liable to pay court fees.

3. Averment in the plaint is to the effect that the settlement deed No. 1889/64 of Mundoor Registry Office is invalid and