IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1966 of 2008 Anirudh Sharma, son of late Raghubir Sharma, resident of village- Phoochutti Khurd, P.O. Manikpur, Via- Dayalpur, P.S. Ekma, District- Saran (Chapra). ……Defendant no.1….Petitioner. Versus 1. Mosomat Uma Pathak, wife of late Manindra Pathak, 2. Krishna Pathak, son of late Manindra Pathak. Both are residents of village- Phoochutti Khurd, P.O. - Manikpur, Via- Dayalpur, P.S. Ekma, District- Saran (Chapra). …….Plaintiffs…Opposite Parties. 3. Raj Narayan Sharma, son of late Raghubir Sharma, resident of Village- Phoochutti Khurd, P.O. Manikpur, Via- Dayalpur, P.S. Ekma, District Saran (Chapra). ….Defendant no.2….Opposite Parties. ----------- 06- 15.11.2011 Learned counsel for the petitioner is present. Defendant no.1 of Title Suit No.223 of 2003 has preferred this civil revision application under the provisions of Section 115 of the Code of Civil Procedure, and is directed against the order dated 11.4.2008, passed by the learned Subordinate Judge 1st court, Chapra, whereby he has overruled the objection of defendant no.1 (the petitioner herein), and has observed that the plaintiff has paid adequate court fee. 2. We have perused the materials on record and considered the submissions of the learned counsel for the petitioner. It appears that opposite party nos.1 and 2 herein have instituted the suit for the reliefs prayed for 2 therein. Defendant no.1 (the petitioner herein) filed an application before the learned trial court stating therein that the plaintiffs have not paid adequate court-fee which has further been necessitated by amendment of pleadings which has changed the nature of the suit. On a consideration of the materials, the learned trial court has come to the conclusion that the nature of the suit remains unchanged after amendment of the plaint. In such circumstances he is of the view that the Ad Valorem court-fee is not payable. We agree with the impugned order. 3. The civil revision application is dismissed. (S K Katriar, J.) S.K.Pathak/