This civil revision petition is directed against the fair and final order passed in O.S.No. 343 of 1994 on the file of the Court of Subordinate Judge, Srivilluputtur on 9-12-1996.

2. The petitioner who is the plaintiff filed the suit in O.S.No. 343 of 1994 on the file of Principal Sub Judge, Srivilliputtur seeking for the relief of reopening of the partition deed dated 11-12-1991 and for effecting a fresh partition in respect of all the suit properties and allotting the petitioner's share of 1/7 in the suit properties and for mesne profits.

3. The petitioner paid a fixed Court fee of Rs. 200/- under Section 37(2) of Tamil Nadu Court Fees and Suits Valuation Act, 1955 (hereinafter referred to as "the Act") and for mesne profits a court-fee of Rs. 8/- was paid under Section 22 of the Act.

4. The respondents herein resisted the claim by filing a written statement. When the suit was pending, a check-slip was issued for the deficit court-fee to the tune of Rs. 73, 373.75 in the suit. The petitioner filed objection to the said check-slip stating that the relief sought for in the suit is only for re-opening of the partition deed and not for cancellation and that therefore, Sectio