SUDIPTA GHOSH Vs. SHAKUNTALA ROY CHOWDHURY

JUDGEMENT

(1.) The revisional application is directed against Order No. 4 dated February 14, 2014 passed in O.S. No. 78 of 2013. By the order impugned the learned Judge allowed the application for postponement of payment of court fees till the grant of the letters of administration.

(2.) The petitioner contends that, under Section 32 of the West Bengal Court-Fees Act, 1970 and Schedule I serial No. 10 the ad valorem court fees on the valuation of the properties involved in the probate proceedings are required to be paid. The learned Judge, therefore, acted with material irregularity in not considering such provision.

(3.) Postponement of payment of Court fees is contemplated under Section 32. The order impugned, is contrary to such provision and is, therefore, required to be interfered with. The opposite party plaintiff should be directed to put in court fees commensurate to Section 32 of the West Bengal Court Fees Act, 1970 and Schedule I serial No. 10 thereof.