1. This regular first appeal is directed against the judgment and decree of the Subordinate Judge First Class, Palwal, dated the 26th February, 1962, whereby the plaintiffs suit for partition of a joint house was dismissed but the parties were left to bear their own costs.

2. On behalf of the respondents a preliminary objection has been raised and it is contended on the basis thereof that the memorandum of appeal be refected. It is pointed out that in the trial Court one of the controversies raised was that the Court-fee had not been properly paid and on the basis of this objection in the written statement, the following two preliminary issues were framed :-

"(1) What is the market value of the property in suit ?

(2) What is the proper valuation of the plaint for Court-fee and jurisdiction ?"

The learned trial Court by order dated the 9th August, 1961, then fixed the valuation of the plaint for the purposes of Court-fee and jurisdiction at Rs. 7,035/- and directed the plaintiff to amend the plaint and make up the deficiency in the Court-fee by the time fixed in the order. In Obedience to this order the plaintiff amended the plaint and then paid ad valorem Court-fee on the m