ALOK SHARMA, J.

1. The matter comes up on an application under Section 151 CPC for dispensing with service of respondent No. 4 for the reasons stated therein, the same is allowed.

2. Service upon the respondent No. 4 is dispensed with.

3. Another application, at the instance of petitioner under Order 22 Rule 3 CPC prays for taking the legal representatives of petitioner No. 5-Ram Kishan now deceased on record. For the reasons stated in the application it is allowed. LRs of petitioner no. 5-now deceased, taken on record as 5/1 to 5/4. Amended cause title already filed, is also taken on record.

4. With the consent of the parties, the petition is taken up for final disposal.

5. Under challenge by the petitioners-defendants (hereinafter ‘defendants’) in this petition under Article 227 of the Constitution of India is the order dated 9.10.2014 whereby the two applications were decided by the Trial Court; the first under Section 10, 11(2) of the Rajasthan Court Fees and Suits Valuation Act, 1961 (hereafter ‘the Act of 1961’) at the instance of the defendants which was dismissed and the other application filed under Order 11 Rule 12 & 14 CPC at the instance of the respondents-plainti