IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.710 of 2008 SRI KRISHNA SHARMA Versus SRI AWADHESH SINGH & ORS ----------- 02. 13.05.2008 Heard learned counsel for the petitioner. This civil revision has been filed by plaintiff-petitioner challenging order dated 30.01.2008 by which the learned Subordinate Judge, 1, Patna, rejected his plaint on the ground of non-payment of court fees despite orders passed by that court since 2005 in Title Suit No.461 of 2005 which the petitioner had filed for declaration of his title and also for a declaration that defendants have no concern with the suit property and also for a preliminary decree of partition of plaintiff’s moiety share. The office had reported on 05.05.2008 that by the impugned order the plaint has been rejected on the ground of insufficient court fees and against such an order proper remedy seems to lie by way of filing first appeal in this Hon’ble Court. Learned counsel for the petitioner contests the said office note and avers that this civil revision is maintainable. However, from the facts and circumstances of the case as well as the provisions of law, it is quite apparent that the office note is correct. In the said circumstances, this civil revision is dismissed as not maintainable. However, petitioner will be at liberty to take any other step in that regard before an appropriate forum. sunil ( S.N.Hussain,J.)