1. One of the reliefs sought for in the plaint is to set aside a sale deed dated 26-11-1977 in respect of an immovable property executed by the Ist defendant and his wife (since deceased) in favour of the 2nd defendant for Rs. 30,000/-. According to the plaintiff, the vendors had agreed to sell the said property to him tor Rs. 25,000/-. The plaintiff also seeks a decree for specific performance of the alleged agreement for sale in his favour; and in the alternative, claims a decree for refund of Rs. 9,700/- and for damages to the tune of 10,000/-. The plaintiff paid court fee on Rs. 25,000/- under S.40 and 42(a) of the Court Fees Act, 1959. The 2nd defendant contended (hat the relief of setting aside the sale deed has to be separately valued and court fee is leviable thereon for the market value of the property. This contention was upheld by the lower court. It directed the plaintiff to take out a Commission to ascertain the market value of the said property by depositing Rs. 300/- as Commissioner's remuneration. This order is challenged in this Revision Petition.

2. The material portion of the reference order is as follows:

"The Section itself does not use the words "ma