FLARENCE CHELLIAH Vs. SOUNDARARAJ PETER AND ORS.

JUDGEMENT

(1.) THE petitioner filed an application for probate which bore a Court -fee stamp of Rs. 5 under Article 11(k)(ii)(2) of the Madras Court -fees and Suits Valuation Act, 1958. The applicant herself had impleaded a number of respondents of whom the first three, her brothers, objected to the grant of probate on certain grounds. In view of this contention, the Court below directed that the application should be registered as a suit and Court -fee paid under the proviso to Article 11(k). This petition is to revise that order.

(2.) IT is argued that the proviso will have application only if a caveat is entered and not merely when an application is registered as a suit. The proviso is:

(3.) ON that view the petition is dismissed. No costs.