This appeal is directed against the order of remand made in A.S.No.37 of 1985 on the file of Sub-Court, Tirupattur.

2. Short facts are: The appellants had filed the suit for a declaration that the demand for payment of compensation, penal charges, as per the first defendant’s demand notice dated 27. 1980 is illegal and unlawful and arbitrary and without any basis and consequential injunction. The defen-dants resisted the claim taking various contentions, inter alia contending that the court-fee paid by the plaintiffs under Sec.25(d) of the Court-fees Act for the declaratory relief is not correct. After trial, the learned Principal District Munsif, Tirupattur had found that the court-fee paid by the plaintiffs is correct and has also found the case of the plaintiff well founded and has decreed the suit. Aggrieved by the same, the defendant took up the matter in appeal in A.S.No.37 of 1985 before the Sub-Judge, Tirupattur. The learned Sub-Judge took up the question of court-fee as a preliminary point and had held that the court-fee paid by the plaintiffs under Sec.25(d) of the Court-fees Act is not correct and court-fee ought to have been paid ad valorem on the amount menti