SRIMATI BANANI PATTANAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner while presenting an application under Section 276 of the Indian Succession Act seeking probate of the will prayed in Test Case No. 10 of 2011 in the Court of Learned District Judge, Cuttack for exemption from payment of Court fees as duty money contending that she being a woman is exempted from payment of Court fees on the basis of the Government of Orissa Notification vide S.RO. No 575 of 1994 dated 7.6.1994. When such prayer was disallowed by the Learned District Judge, Cuttack by the impugned order at Annexure-3, being aggrieved, the Petitioner has approached this Court with a prayer to quash the impugned order at Annexure-3 and to exempt her from payment of Court fees. Mr. Sanatan Das, Learned Counsel appearing for the Petitioner while assailing the impugned order at Annexure-3 contended that the Learned District Judge, Cutttack should have allowed the prayer of the Petitioner for exemption of payment of Court fees. It was also contended that the ratio of the Division Bench decision relied upon by the Learned District Judge, Cuttack i.e. in the case of Hasina Bibi v. Amurat bibi and others, 2003 2 OrissaLR 215 has no application to the case of the Petitioner as that decision relates to the point as to whether a person would be exempted from payment of Court fees while applying for grant of Succession Certificate under Sections 372 and 379 of the Indian Succession Act, Pursuant to the Government Notification No. S.RO. 575 of 1994 dated 7.6.1994.

(2.) The Learned Addl. Government Advocate opposed the contention of the Learned Counsel for the Petitioner and contended that in view of the ratio propounded in Hasina Bibi's case , the earlier decision of this Court i.e. Smt. Sarojini Mishra v. State of Orissa, 2001 92 CutLT 622 has no application to this case and the Court is bound by the judicial discipline in view of the Division Bench decision i.e. Hasina Bibi's Case .

(3.) Since the controversy in the case centers around an interesting question as to whether a woman is entitled to exemption of Court fees by virtue of the Law Department Notification No. S.RO. 575 of 1994 dated 7.6.1994 while applying for grant of probate, the Learned Members of the Bar including Learned Counsel for the respective parties were heard at length.