ORDER :- This appln. is filed u/s. 152 and O. 6 R. 17, Civil P. C. for amendment of the plaint and the memo, of appeal sought to be filed in this Ct. in the following circumstances. The petnr. brought a suit in the Ct. of the subordinate Judge, Ellore for partition of the joint family properties between him and the resps. herein and for separate possession of half the share to be allotted to him. The suit as originally filed was valued under Art. 17 B of Sch. II, Court Fees Act, and a fixed C. F. of Rs. 100 was paid on the basis of the pltf. being in joint possession of the suit properties along with the defts. The suit properties were valued at Rs. 11603 for the purpose of jurisdiction. On an objection taken as regards the C. F., the trial Ct. decided as a preliminary issue that the suit should not be regarded as one falling under Art. 17 B of Sch. 2 but should be valued u/s. 7 (5), Court Fees Act, on the ground that the allegations in the plaint did not disclose that the pltf. was in joint possession along with the defts. In that view of the matter the trial Ct. directed the pltf. to value the suit u/s. 7 (5) and pay the deficit C. F. on that basis. The matter was taken