M N JAYALAKSHMI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal preferred against an order made by the Court of first instance in a proceeding under Section 389 of the Indian Succession Act, 1925 (for short 'the Succession Act'). A Court-fee of Rs. 20/- was paid on the Memorandum of Appeal as was paid in the proceeding of the Court of first instance. Since the Registry of this Court directed the appellant to pay Court-fee on the memorandum of appeal as required under Article 4 of Schedule I to the Karnataka Court Fees and Suits Valuation Act, 1958 (for short 'the Court Fees Act'), the appellant has got the matter listed before Court for orders. Need to decide upon the question of the exact Court-fee payable on the memorandum of this appeal has thus arisen. Article 4 of Schedule I to the Court Fees Act, relying upon which the Registry of this Court has directed the appellant to make good the deficit Court-fee payable on this memorandum of appeal, reads: <FRM>JUDGEMENT_323_KANTLJ3_1990Html1.htm</FRM> Section 49 of the Court Fees Act and Article 11(b)(ii)(3) of Schedule II thereto, relied upon by the appellant in support of his stand that the Court-fee payable on the memorandum of this appeal is what was paid in the proceeding before the Court of first instance, in so far as they are material, read thus: Section 49: