This Revision Petition arises from an order of the lower Court directing the plaintiffs to pay additional Court-fee on the basis that section 40 of the Court-fees Act of 1955 applied to the present case. The plaintiffs are the petitioners.

The suit is one for a declaration that the sale-deed, dated 1st May, 1954, for a sum of Rs. 4,000 in favour of the first defendant is void and not binding on the plaintiffs, and for possession of the property. The plaintiffs are the sons of one Subbu Mudali. Subbu Mudali and Tirupathi Ammal, the mother of the plaintiffs are alleged to have executed the sale-deed on 1st May, 1954, to the third defendant in the suit. Tirupathi Ammal, the mother, was mentioned in the sale-deed as the guardian of the minor plaintiffs. In the suit, it was alleged that the sale was not binding on the minors as the transaction was void, and, therefore, the declaration and possession of the property were prayed for. The suit was valued at a sum of Rs. 354-6-0, that is, thirty times its assessment of Rs. 11-3-0 and Court-fee was paid on that value.

An objection was taken by the Court-fee Examiner to the Court-fee paid and the learned District Munsif on a considera