KETANKUMAR M. SHARMA Vs. VASANTKUMAR MAGANLAL PATEL

JUDGEMENT

(1.) THE petitioner has applied for letters of administration with the Will of the deceased annexed thereto. The deceased died on 1st January, 2010. The petitioner had filed an earlier petition of letters of administration with the same will annexed thereto being Petition No. 466 of 2010. That petition has been dismissed for non -removal of office objections. The petitioner claims to adjust the fee paid in the former petition in this petition. A petition is much like a suit. The CPC applies much to a suit to a petition or an application. Once the petition is dismissed the Court fee is liable to be forfeited. Court fee payable in a suit would be forfeited when the suit is dismissed. The rule of forfeiture in respect of a petition for probate, therefore, cannot be any different.

(2.) THE petitioner relies upon the specific provision under section 23 of the Bombay Court fee act, 1959 for considering the same fee chargeable in this petition as in the earlier petition. Section 23 run thus:

(3.) THE petitioner claims that this petition be proceeded with without payment of Court fee and the petitioner shall pay Court fee when the letters of administration is issued.