A G HARIHARAN Vs. A G SINGARAVELU

JUDGEMENT

(1.) This master arises out of an office note put up in regard to the Court fee payable for issue of probate in this case. The question has arisen on account of the amendment made to the Kar. Court Feer, and Suits Valuation Act, 1958, (hereinafter referred to as the 'Court Fees Act') by the Karnataka Taxation and Certain other Laws Amendment Act, 1982, (hereinafter referred to as the 'Amendment Act'). By S. 4 of the Amendment Act, the Court Fees Act has been amended. We are concerned with the amendment made to Art. 6 of Sch, I by which 5% Court fee is payable where the amount of the value of the property in respect of which the grant of probate or letters is made exceeds Rs, 1,000 but does not exceed Rs. 3 lakhs end in all other cases if the amount exceeds Rs, 3 lakhs the probate duty chargeable is 10% of the value of the estate.

(2.) Probate CP No, 2/1982 was allowed by an order made by me on 31-3-1982. The practice of this Court has been to call upon the petitioner to produce the necessary Court fee for issue of probate as directed by the Court after the petition praying for probate has been allowed and an order made in that behalf.

(3.) It is stated from the Bar that even the Courts of the Dist. Judges or the City Civil Judges as the case may be have the same practice,