MIHIR SAHA Vs. TANMOY SAHA

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is at the instance of Joint Executors in proceedings for grant of probate and is directed against Order No. 57 dated April 25, 2004 passed by the learned District Delegate, Burdwan in Misc (Will Probate) Case No. 38 of 1996 thereby directing the petitioners to pay further Court-fees of Rs. 40,000/- for the purpose of getting probate of the Will or to wait for valuation report from the Collector. Burdwan regarding the property mentioned in item No. 2 of the schedule of the Will.

(2.) The following facts are not in dispute:

(3.) Being dissatisfied, the executors have come up with the present application under Article 227 of the Constitution of India.