KANTILAL MEHTA Vs. AKSHAY KANTILAL MEHTA

JUDGEMENT

(1.) Admit. By consent of the learned counsel and at their request, the Appeal is taken up for hearing and final disposal.

(2.) The Appeal arises from an order of the Learned Single Judge dated 6 February 2013. The order was passed in a Testamentary Petition which was instituted for the probate of a joint will executed by the testator and his wife. The will was executed by both of them on the same date and at the same time. The issue before the Learned Single Judge related to the payment of Court fees. The Learned Single Judge held that the estate of both the testator and the testatrix will have to be separately valued and subject to a separate valuation the Petitioner as the executor under the joint will may sue for the probate of the will executed by the testator and testatrix. The order of the Learned Single Judge reads thus :

(3.) Section 18 of the Bombay Court Fees Act provides as follows :