P.K. MUNDAN Vs. THE STATE

JUDGEMENT

(1.) THE order sought to be revised was passed by the learned District Judge of Trichur in Letter 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 2 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 2 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 basic of the Court -fees Act in force at the time of the filling of the petition or on the basic 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 2 of 1125, that is, according to the Act in force at the time when the probate was to be issued.

(3.) SECTION 18 -1(1) of the Cochin Court -fees Act corresponding to Section 19 -I (1) of the Indian Act reads as follows: