JUDGMENT : BANERJI, J.:— The only question in this appeal, which arises out of a suit for pre-emption, is that of the amount of Court-fee payable on the plaint. The court of first instance held that Court-fee was payable according to the market value of the property claimed, under section 7, sub-section (V), clause (d), of the Court Fees Act. That clause does not seem to me to be applicable. The plaintiffs claim, 2½ shares out of 5 shares, forming khew at No. 22, measuring 46 bighas, 5 biswas and bearing a jama of Rs. 92, together with all appurtenaces, such as abadi, forest, etc. It appears that the village is a Bhaya-chara village and that what the plaintiffs claim is a half share of the khata No. 22. paying annual revenue to Government, the area of the khata being 56 bighas, 5 biswas. They thus claim a definite share of an estate paying revenue to Government, and therefore Court-fee was payable under clause (b), of sub-section (V) and not under clause (d), calculating the amount of Court-fee on five times the revenue, the amount of fee paid was sufficient, and no question arose as to the market value of the property. It is with reference to the market value that it has been held by the court below that the Munsif had no jurisdiction. On this point regard must be had to the observations contained in the judgment of this court in Madho Das v. Ramji Pattak, [1894] I.L.R., 16 All, 286.. If the court holds that the plaint was filed in a wrong court intentionally with a view to give jurisdiction to a court which had no jurisdiction to entertain the suit, the proper course would be not to dismiss the suit, but to return the plaint to be presented to the proper court. As the ground upon which the suit has been thrown out is untenable, I allow the appeal, set aside the decree of the court below and remand the case to the court of first instance under section 562 of the Code of Civil Procedure, to be tried according to law. The appellants will have their costs of this appeal, including fees on the higher scale. Other costs will follow the result.