( 1 ) THIS is a defendants application in revision against an order of the Munsif Haveli Banaras, allowing futher time to the plaintiff opposite party to pay a certain deficiency in court-fee in a partition suit relating to the joint family property of the parties.

( 2 ) ON 5th July 1947, the Court passed a preliminary decree in the plaintiffs favour, the terms of which are not material for the purposes of this case. The operative portion of the judgment towards the end was this :

"that the plaintiffs suit for partition of and for recovery of exclusive possession over 1/5th share of the properties detailed and described in schedules A and B appended at the foot of the plaint is decreed against the defendants. The plaintiff shall get his costs of the suit from defendants 2 and 4, The plaintiff shall pay up the deficiency in court-fees within a fortnight. The shares of defendants 1 and 3 in the properties in the suit detailed and described at the foot of the plaint, the extent of each comes to 1/5th, shall be apportioned and their separate lots shall be prepared, if they pay the requisite amounts of court-fees within a fortnight. Defendants 2 and 4 shall bear their o