MOHAPATRA, J.

( 1 ) THIS Civil Revision under Section 115 of the C. p. c. has been filed by the plaintiff against an order dated 16th March, 1960 of the Subordinate Judge of berhampur, demanding the plaintiff to pay court-fee under Section 7 (iv) (c) of the court-fees Act. The plaintiff paid court-fee of Rs. 22/8 on the basis that it is a suit for partition only. The value of the share of the plaintiff in respect of the suit properties is put at Rs. 8100/-

( 2 ) THE plaintiff and defendant No. 1 are brothers. Defendant No. 2 is the wife of defendant No. 1. Defendant No. 3 is the brother of defendant No. 2. Defendant no. 4 is the mother of the plaintiff and defendant No. 1. Narayan Sahu, the father of the plaintiff and defendant No. 1, died only 9 years ago leaving behind him his widow, defendant No. 4, and the two sons, the plaintiff and defendant No. 1. He had left vast landed properties and two houses which form the subject matter of the present suit. The plaintiff claims partition in respect of his one-third share which he valued at Rs. 3100/ -.

( 3 ) IT is important to note, the other defendants 5 to 50 are the alienees in respect of different items of properties which form t