Vivek Agarwal, J.

1. This Writ Petition has been filed by the petitioner being aggrieved by the order dated 09.08.2016 passed by the Court of 3rd Civil Judge Class-I, Gwalior, whereby application filed by the defendants under Order 7, Rule 11 r.w.s. 151 of C.P.C., has been partly accepted.

2. Brief facts leading to the present writ petition are that plaintiff has filed a suit for declaration and permanent injunction valuing the suit at Rs.8,05,000/- and has sought relief of partition in the suit property. An application was filed by the defendants under Order 7, Rule 11 r.w.s. 151 of C.P.C., mentioning therein that as per the Collector guidelines issued for valuation of the property in the year 2013-14, valuation of the properties having RCC roof situated at Bharat Talkies Road is Rs.48,000/- per square meter and accordingly the plaintiffs are required to value their suit and pay the Court-fee since they have sought partition of the suit property. It has come on record that the plaintiffs have not filed any reply and have orally opposed this application.

3. Learned counsel for the plaintiffs has argued that it is settled principle of law that while deciding an application under