JUDGMENT Allsop and Verma, JJ. - This appeal raises a question of court-fees. One Sheikh Salimullah instituted a suit for partition of his six anna share in certain property. He died sometime later and then his brother, Sheikh Mohammad Sharif, the Appellant, who had originally been impleaded as one of the Defendants, stepped into his shoes. Sheikh Mohammad Sharif sought to continue the suit instituted by Sheikh Salimullah but obtained an amendment of the plaint so that there should be a partition Dot only of Sheikh Salimullah's six anna share but also of Sheikh Mohammad Sharif's six anna share. The question arose what additional court-fee was to be paid after the amendment. When Sheikh Salimullah instituted his suit, the Court Fees Act bad not been amended and he paid a sum of Rs. 1 according to the provisions of that (sic) When Sheikh Mohammad Sharif obtain e an amendment of the plaint the (sic) Court Fees Act was in existence. The learned Judge of the lower Court, there fore decided that the court-fees on the additional six anna share of Sheikh Mohammad Sharif should be paid according to the new law, that is, ad valorem, on a value of one fourth of the share. This decision is questioned in appeal. We have come to the conclusion that the learned Judge of the lower Court is right. When the plaint was amended, the position was the same as if there had been on that date a new plaint claiming partition of a six anna share in the property. Such a plaint would have required a stamp under the provisions of the new Act and therefore it seems to us that the plaint as amended in accordance with the prayer of Sheikh Mohammad Sharif should be similarly stamped. 2. In our judgment there is no force in this appeal and we dismiss it with costs to the Government.