THOMAS MARTIN Vs. TERESA MARTIN ALIAS LEELA

JUDGEMENT

(1.) This appeal has been preferred by the respondent in I.A. No. 351/2000 in Succession O.P. No. 21/2000 on the file of the District Court, Wynad. The above O.P. was filed for grant of probate of a Will. The District Judge allowed the petition granting Letters of Administration with copy of the Will on condition that he will execute bond in accordance with law. The order was passed on 7-4-2000. Thereafter, respondent in the appeal filed I.A. No. 351/2000 under Section 263 of the Indian Succession Act, 1925 for revocation of the grant of probate. The petition for revocation of the probate was numbered as I.A. No. 351/2000 and Court-fee of Rs. 10/- was paid as no other rate of Court-fee was fixed and Court-fee for an interim application was paid. The District Court allowed the above I.A. revoking the probate granted in O.P. No. 21/2000 on 7-4-2000. The appellant had a case that what was granted is Letters of Administration; but, not probate. That is a matter to be decided in the appeal. Now, the question is regarding the Court-fee payable.

(2.) When the appeal was filed, the registry raised an objection that Court-fee is to be paid as per Schedule I Article 4 of the Court-Fees Act. Schedule I Article 4 of the Court-fees Act reads as follows :-

(3.) We are of the opinion that Court-fee payable in an appeal is the same fee that should be payable in the Court of first instance as per Section 52. Explanation I makes the position clear.