(PRAYER: Revision filed against the order dated 23.06.2003 made by the Sub Court at Tiruvarur against the check slip issued by the Sub Court at Tiruvarur in O.S.No.41 of 2002.)

The plaintiff is the revision petitioner herein, who has filed a suit in O.S.No.41 of 2002 before the Sub Court, Tiruvarur for partition. In the said suit, the respondents herein have filed a written statement, alleging that the petitioners ought to have paid Court fee under Section 37(1) of the Act. Pursuant to that notice dated 21.10.2002 was issued by the trial Court, directing the petitioner herein to value Under Section 37(1) of Tamilnadu Court Fees and Suits Valuation Act (in Short `the Act'). Objections were filed by the petitioners stating that they are in joint possession, the other family members have a right in coparcenary/joint family properties, without their consent alieniated petitioners' share which is not binding on them in respect of their share is concerned, hence not liable to pay Stamp Duty under Section 37(1) of the Act and maintain the same to be paid under Section 37(2) of the Act is perfectly valid. The trial Court has directed the petitioner to pay deficit Court fee under