1. The plaintiffs in a suit for partition are the revision petitioners. The suit was filed in 1969. Pending suit some of the plaint schedule properties were acquired under the Land Acquisition Act for some public purpose. Thereafter the plaint was amended so as to include a prayer for declaration of the plaintiffs' right to a share in the compensation amount. Some of the defendants had filed a written statement to the original plaint in which one of the contentions was that proper court-fee has not been paid for the plaint. But this contention was not pressed for consideration either before or after the amendment of the plaint. Both parties let in evidence on the issues raised on the pleadings and the case was posted for final hearing. One. of the issues raised in the case was whether the court-fee paid is not sufficient. After the final hearing the learned Munsiff entered a finding on this issue alone by holding that the valuation for the purpose of court-fee and for the purpose of jurisdiction is not correct and that the plaint if properly valued for purpose of jurisdiction will exceed the pecuniary jurisdiction of the Munsiff's Court. Consequently the lower court hel