SHASHIKANT GANGADHAR THORAT Vs. PUNJA GANGADHAR THORAT

JUDGEMENT

(1.) The appeal involves the interpretation of Sec. 29 r/w Clause 10 of Schedule I, of the Bombay Court Fees Act, 1959 (hereinafter referred to as the Act of 1959 for the sake of brevity)

(2.) The appellants have filed Misc. Application No. 15/2002 for issuance of Probate Certificate in respect of Will dated 14.12.1992 said to be executed by deceased Gangadhar. Pursuant to said application, the Trial Court issued public notice. Initially the opponent Nos. 1 to 3 and 7 to 10 filed pursis admiting the contents of the application. But subsequently opponent Nos. 1, 2, 5 and 6 resisted the application by filing their say. Opponent No. 4 also filed pursis adopting say filed by other opponents i. e. 1, 2, 5 and 6, whereas opponent Nos. 3 and 7 to 10 filed pursis admitting the claim of the applicants. During the pendency of the said application for grant of probate, the opponent No. 1 filed an application requesting the Court to frame the issue regarding maintainability of the application for want of payment of court 4 fa 850.09 fees as well as jurisdiction of the Court to try the petition.

(3.) The Trial Court framed the following issues :