OMANA KUNJU AMRITHA RAJAKUMARI Vs. SANTOSH D JOSEPH

JUDGEMENT

(1.) The rate and quantum of Court-fee payable in an appeal filed under Section 384 of the Indian Succession Act, 1925 is the subject matter of this order.

(2.) Article 7 of Schedule I of the Kerala Court-fees and Suits Valuation Act, 1959 (hereinafter referred to as "the Court-fees Act") deals with the payment of court-fee when an application is filed under the Indian Succession Act, 1925. The above Article reads as follows : Certificate under the Indian Succession Act, 1925 (Central Act 39 of 1925) :

(3.) So, there is no dispute that when an appeal is filed against an order in proceedings under the Indian Succession Act, 1925, the court-fee payable is as prescribed under Article 4 of Schedule I which is one-half the scale of fee prescribed in Article 1 on the amount or value of the subject matter.