JOHARA BIVI Vs. JULAIKA BIVI AND ORS.

JUDGEMENT

(1.) THE Civil Revision Petition has been filed by the plaintiff in O.S. No. 41 of 1974 in the Court of the Subordinate Judge of Kumbakonam. The plaintiff has filed the suit for administration of the estate of the deceased S.M. Ameer Batcha Rowthar by providing far the death -bed charges funeral and other expenses of the deceased, for the payment of her "Iddat" amount, for provision for the marriage expenses of the 5th Defendant and for allotting 1/8th share in the remaining estate to her on a fair and equitable basis. The Court fee was paid as provided by Section 39 read with Section 50 of the Court fees Act. The defendants contended that the Court fee paid was not proper, Issue No. 15 framed in the case runs as follows:

(2.) NOTICE has been given to the Government Pleader and his representative was heard.

(3.) SECTION 39(i) is the material provision and it states that in a suit for the administration of an estate, fee shall be levied on the plaint at the rates specified in Section 50, Section 50 provides that in a suit not otherwise provided for, fee shall be payable at certain graded rates depending on the forum and value.