H. S. Thakur, J—This revision petition is directed against the order and judgment of the learned Sub-Judge (1), Shimla dated 21-8-1980 whereby the learned Sub-Judge while allowing the application for the amendment of the plaint, directed the petitioner (hereinafter to be referred to as the plaintiff) to affix the court-fee on the value of the suit property as assessed by him at Rs. 40,0(0,

2. A few facts as reflected in the revision petition as also in the plaint may be stated. The plaintiff filed a suit for permanent prohibitory injunction restraining the deceased-respondent No. 1 and respondents 2 to 4 (hereinafter to be referred to as the defendants, from alienating, transferring or creating any charge on the ancestral property of the parties as mentioned in the plaint. The plaintiff also obtained a temporary Injunction against the defendants in this behalf, but the same was ultimately vacated on 26th June, 19 0 The deceased-defendant No 1 and defendants 2 to 4 soon thereafter transferred the property by sale for a total consideration of Ks. 80,Uv0 in favour of respondents Nos. 5 and o (hereinafter to be referred to as the transferee defendants). The deed of sale was duly