(1.) An application for grant of probate of the Will of an Indian Christian, Kalyan Kumar Bose, deceased (PLA No. 160 of 2012) was made ready and filed by the Advocates-on-Record for the executor and petitioner, M/s. Khaitan & Co. Court fee of Rs. 50.000;- was paid at the time of filing of the application.
(2.) Thereafter, the Advocates-on-Record realised that an application for grant of probate of a Will of an Indian Christian was not required at all by virtue of Section 213(2) of the Indian Succession Act, 1925.
(3.) By this application the executor of the Will prays for refund of the Court fees.