( 1 ) THIS is an appeal by the plaintiff under Section 6-A, Court-fees Act against an order holding that the Court-fee paid on the plaint was insufficient on the ground that the relief claimed involves cancellation or adjudging void of a Will. The facts of the case are as follows:

( 2 ) THE plaintiff claimed that his father carried on a certain business and owned certain property; that he held a decree for Rs. 22,800/-against Rani Jai Raj Kunwar; that on 17-3-1941, Chiranji lal executed a Will in respect of his property bequeathing Rs. 7000/- out of the decretal amount to the plaintiff and half share of a certain house described in the plaint to the plaintiff and defendants 3 and 4; that Chiranji Lal wanted to give his business to the. plaintiff and defendant 4; that on account of the trickery of defendant 1 no mention was made of this intended gift in the will; that thereafter, when Chiranji Lal came to know that the gift in respect of the business assets had been omitted in the Will, he made an oral Will on or about the 23rd or 24th of March, 1941, to effectuate his intention; that in this way the plaintiff became the owner upon the death of Chiranji Lal of an amount