SHAILENDRA JAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal has been filed by the petitioner/appellant under Sec. 299 of the Indian Succession Act, 1925, against the impugned order dtd. 30/7/2024 passed by the Additional District Judge, Court No. 10, Kanpur Nagar, in O.S. No.3 of 2023 (Shailendra Jain vs. State of U.P. and others), whereby the appellant's application 39-A Kha has been rejected, whereby it was prayed that the appellant be permitted to make good the deficiency of Court fees after the letters of administration was granted in his favour.

(2.) The facts in brief are that the petitioner/appellant applied for grant of letters of administration regarding the unregistered Will dtd. 16/4/2022, which was executed by his mother Smt. Veer Bala Jain in favour of the appellant whereby all her movable and immovable assets were bequeathed to the appellant. It is the case of the appellant that his father Jitendra Kumar Jain died on 22/11/2004 and his mother Smt. Veer Bala Jain also died on 20/5/2022, as such, after her death the above Will came into effect and for getting letters of administration, the appellant filed O.S. No.3 of 2023 before the Court of District Judge, Kanpur Nagar, which was later on transferred to the Additional District Judge, Court No.10, Kanpur Nagar.

(3.) It is apparent that at the time of filing the above suit, the petitioner- appellant only paid Court fees of Rs.25.00, whereas the valuation of the suit was Rs.15,00,000.00. A preliminary objection was raised by the Munsarim that the Court fees paid by the petitioner-appellant was deficient by Rs.1,12,882.50 and on this, the petitioner moved an application 39-C dtd. 13/10/2023 before the trial court to permit him to make good the deficiency of Court fees after the petition seeking letters of administration is allowed and not before the passing of the order of the court.