As against the dismissal of the Interlocutory Application praying to decide the court fee issue as the first and primary issue by framing necessary additional issue in that regard, the first defendant has filed the present revision.

2. According to the revision petitioner/defendant, the suit document has been valued by the plaintiff at Rs.1,00,500/= and a court fee of Rs.7538.50 has been paid. But, as to the actual market value of the property, the court has failed to frame necessary additional issue. Hence the I.A., for framing necessary issue and to decide the same as the first issue.

3. The respondent/plaintiff contested the said I.A., contending that believing the defendants who are none other than his son and daughter he has signed in the settlement deed, but later he found that the settlement has been prepared with a mala fide intention and hence the suit has been filed for declaring that the settlement deed is null and void. The suit property has been correctly valued at Rs.1,00,500/= and necessary court fee has been paid. The suit is at the stage of trial and the I.A., is only filed to protract the early disposal of the suit.

4. The learned trial Judge after