Partition suit - court fee
Sir, I being Muslim filed a suit for partition of my ancestral properties and paid fixed court fee. I pleaded joint possession over the plaint schedule properties. Other party filed written statement denying for partition. Subsequently, I found two other houses and a vacant site were also belonged to my ancestors. I filed a petition before the court to add the missing properties to the plaint schedule. The court took an objection to receive my petition stating that " when I did not add the subsequent properties at the time of filing of the suit, it means I am not in joint possession of the same ." Court further asked me "to pay the adveloram court fee on the market value of the properties which I sought for adding." Sir, I paid fixed court fee. I am unable to pay further court fee on the market value of the properties which I sought for adding. Kindly advise me and give citations in this regard to exempt me from payment of addition court fee.
Q: Whether I am liable to pay adveloram court fee on market value of my share, if I want to add properties in pending partition suit ?