KUNJIKRISHNAN MUNDAN Vs. CHIEF SECRETARY

JUDGEMENT

(1.) THE order sought to be revised, was passed by the learned District Judge of Trichur in Letters of Administration M. P. 7 of 1124 calling upon the petitioner to pay additional court fees for the issue of a probate of a will. THE petition was filed on 27. 5. 1124, when the Cochin Court fees Act II of 1080 was in force. Under schedule (I) item 9, the petitioner was to pay one per cent on the amount or value of the property in respect of which the grant of probate exceeded Rs. 1000/ -. THE valuation statement was filed and the court fees, according to that, had been paid by the petitioner on 15. 6. 1124. Notice relating to valuation was given to the Peishkar on 3. 11. 1124 and the Peishkar's report showing a value higher than that given by the petitioner was received on 31. 2. 1125. In the interval, the Travancore Cochin court Fees Act II of 1125 was passed on 24th Chingom 1125 and the same was brought into force from the 20th Kanni 1125. THE question then arose whether the petitioner was to pay court fees on the basis of the Court Fees Act in force at the time of the filling of the petition or on the basis of the Court fees Act in force when the probate was ordered to be granted.

(2.) THE court below held that Court Fees were to be paid as provided for in Act II of 1125, that is according to the Act in force at the time when the probate was to be issued.

(3.) NO. 9 of the First Schedule of the Cochin Act is the same as Art. 11 of Schedule (I) of the Indian Act. The corresponding section in the new Act is S. 22 (1) and the Article is Art. 11 of the First Schedule. This latter article provides for the payment of a higher rate of court fees. The Article in the schedule of the Cochin Act (repealed) is as quoted below: