ORDER

10.07.2006 — The petitioner, who is defendant No.1 in Title Suit No.56 of 1997 in the Court of learned Civil Judge (Senior Division), Titila¬garh, has filed this revision challenging the legality of the order dated 22.12.2005 passed in that suit on the petition under Order 7 Rule 11(c), C.P.C. filed by the petitioner.

Opposite party No.1 as plaintiff the above noted Title Suit No.56 of 1997 with a prayer for partition of the suit schedule properties. Petitioner-defendant No.1 filed a petition under Order 7 Rule 11(C), C.P.C. praying for dismissal of the suit for non-filing of proper court- fee, inter alia, indicating that the suit filed by opposite party No.1 is not a suit for partition simplicitor, but in the guise of a partition suit, prayer has also been made for declaring some sale transactions as void and so ad valorem court-fee is payable and for non-payment of required court-fees, the plaint is liable to be rejected. In support of such plea, the petitioner cited the decisions of this Court as well as the apex Court. The plaintiff-opposite party No.1 however maintained that it was a suit for partition simplicitor and ad vo¬lerum court-fee is not payable. It was also co