1. It is not necessary to advert to the facts and the merits of the case in this regular second appeal. The plaintiff-appellant had brought a suit seeking a declaration that the sale by public auction of the suit property situated in the Hussainpura suburb of the Amritsar town was invalid, without jurisdiction and therefore not binding on the plaintiff-appellant. The suit was contested and on the pleadings of the parties apart from others the following issue No. 1 which was treated as preliminary was framed:-

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"Whether the suit is properly valued for purposes of court-fee and jurisdiction?"

The Trial Court came to the finding that the suit fell within Section 7(iv)(c) of the Court Fees Act and the plaintiff was, therefore, bound to pay advalorem court-fee on the market value of the property in dispute. Consequently the other issues were not adverted to upon merits and the plaintiff-appellants was directed to make up the deficiency on the basis of the market value of the property on the 8th April, 1968. However, the appellant failed to pay the court fee and correct the valuation of the suit in spite of two or three adjournments given by the Trial Court. Acting under Order 7