USHA Vs. STATE

JUDGEMENT

(1.) The order impugned is in a sense a peculiar order. Legislature's language has apparently misled the learned Judge and confounded his wits, but what I have failed to appreciate is his approach in dealing with a reported decision of a Division Bench of Allahabad High Court.

(2.) At the threshold the revisionists, applying for a Succession Certificate to recover the debts of deceased Ganeshan (whose legal representatives they are) are told that their application is not entertainable/triable as requisite court-fees did not "accompany" the application. That order, passed on 4-1-1991 by learned 7th Additional District Judge, Gwalior, is challenged in this revision.

(3.) The question is of interpretation of Section 379 of Part X of the Indian Succession Act, which I extract :- "379. Mode of collecting Court-fees on certificates. (1) Every application for a certificate or for the extension of a certificate shall be accompanied by a deposit of a sum equal to the fee payable under the Court-fees Act, 1870, in respect of the certificate or extension applied for. (2) If the application is allowed, the sum deposited by the applicant shall be expended, under the direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable as aforesaid. (3) Any sum received under Sub-Section (1) and not expended under Sub-Section (2) shall be refunded to the person who deposited it." Part X of the said Act deals exclusively with grant of a "Succession Certificate" and its Section 372 contemplates "application for such a Certificate" to be made; relevant portion of Sub-Section (1) thereof also has a material bearing on the question mooted and that too is extracted :-