JUDGMENT :

1. This writ petition is filed by the petitioner-plaintiffs challenging the order dated 04.05.2022 passed by Additional District Judge No.1, Barmer (for short ‘the trial court’ hereinafter) in case No.41/2021, whereby the application filed by the plaintiffs under Order 6 Rule 17 read with Section 151 CPC for amendment of the plaint has been allowed and the application filed by respondent-defendants under Section 11 of the Rajasthan Court Fees and Suit Valuation Act, 1961 (hereinafter to be referred as ‘the Act of 1961’) has been partly allowed and it has been held that the petitioner-plaintiffs though pleaded in their plaint that the property in question is ancestral but not pleaded that they are in possession of the property, therefore, they are required to pay court fees as per the provisions of Section 35(1) of the Act of 1961 on the market value of the property. The trial court has further directed the petitioner-plaintiffs to pay proper court fees on market value of the property within two months.

2. Brief facts of the case are that the petitioner-plaintiffs filed a suit for partition in relation to a property situated at Mohalla Railway Station, Barmer claiming as an