SELEENA Vs. MARY

JUDGEMENT

(1.) Two questions arise for consideration in these cases. They are: (1) From an order dismissing an application for letters of administration for non payment of court fee, will a revision lie under S.115 of the Civil Procedure Code or is it an appeal that is the remedy; and (2) Can the application be dismissed by the court for non payment of court fee without an enquiry and finding as to the true value of estate on receipt of the Collector's report under S.59(5) of the Kerala Court Fees and Suits Valuation Act, 1959, for short the Court Fees Act.

(2.) The petitioner in the Civil Revision filed an application for letters of administration in respect of registered will executed by her husband before the District Courts Trichur. The petitioner made her own valuation of the estate in the application. The District Collector, Trichur in the inquiry under S.59 of the Court Fees Act valued the estate at a higher amount and submitted the same to the court. The petitioner filed her objections to the Collector's valuation. The court without holding an enquiry as to the true value of the estate and giving a finding as to the 'true value at which the estate should have been estimated' dismissed the application for letters of administration for not paying the court fee. The petitioner moved the court for review of the order. The petition for review also was dismissed. CRP. No. 4264 of 1981 is against the order dismissing the petition for review while CRP. 15 of 1982 is against the order dismissing the application for letters of administration for non payment of court fee.

(3.) The learned counsel for the contesting respondent raised a preliminary objection that no Civil Revision will lie from the orders impugned as an appeal lies as per S.299 of the Indian Succession Act, 1925. S.299 reads: