( 1 ) THE facts of this revision petition are that the plaintiff-applicants instituted a suit against the opponents for partition of property belonging to a joint family consisting of the plaintiffs and the defendants. The plaintiffs claimed that the value of the joint family property was Rs. 61,000/-; that they had one-third share in the property; that they were already in possession of a house belonging to the joint family valued at Rs. 7,000/s and that the defendants were denying their right to any share in the property which was in their possession. The plaintiffs paid a Court-fee of Rs. 10/-under Schedule II, Article 17 (vi) of the court-fees Act. One of the objections which the defendants raised was that the court-fee paid by the plaintiffs was insufficient and that the plaintiffs should have paid ad valorem Court-fee on the valuation of the share they claimed in the property alleged to be the joint family property. The learned District Judge of ratlam, while dismissing the plaintiffs' suit on merits, held that the Court-fee paid by the plaintiffs was sufficient. The plaintiffs then filed an appeal in the Madhya Bharat High Court. That appeal was allowed by a