For non-payment of requisite Court fees, the plaint was rejected and it was upheld by the First Appellate Court. Thus, the appellant by way of present second appeal has raised the question to the correctness and validity of the judgment and order dated 10th April, 2019 passed by the learned District Judge-1, Hinganghat in Regular Civil Appeal No. 191 of 2017, confirming the order below Exhibit 1 passed by the Joint Civil Judge, Junior Division, Samudrapur in Regular Civil Suit No.55 of 2013.

2. The facts in short are as under (parties are referred as per the status before the trial Court).

The plaintiff/appellant filed a suit for partition, separate possession and declaration of permanent injunction against the defendant/respondent and thereby claimed share in the suit property. The suit was dismissed for want of prosecution and in the meantime, the defendant no.1 executed a sale-deed dated 1st December, 2011 and thereafter the purchaser further sold out it to the defendant no.3 vide sale-deed dated 15th July, 2015. Thus, after restoration of the suit amendment was carried out and prayer clauses 1(a) and 1(b) were added.

The prayers made in the suit after amendment were