SAROJINI MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner filed an application in the court of the District Judge, Cuttack for grant of letters of administration in her favour on the strengh of a registered Will dated February 24, 1989 executed by her mother -in -law. The said application was registered as Misc. Case No. 19 of 1995. The petitioner, who is a lady, filed an application for exemption of the court fee payable in the said misc. case on the basis of the State Government's notification being S.R.O. No. 575 of 1994 dated June 7, 1934. By order dated February 12, 1996 the District Judge, Cuttack granted exemption from payment of Court fee. However, subsequently he recalled that order of exemption in view of this High Court's decision in Sharmila Das v. State of Orissa, reported in Vol. 85 (1998) C. L. T. - -520.

(2.) SHARMILA Das's case relates to an application for grant of Succession Certificate Under Section 372 of the Indian Succession Act,1925 (hereinafter referred to as 'the Act'). Relying on the provisions of Section 379 of the said Act, it has been held in Sharmila Das's case that sum required to be deposited with the application for a Succession Certificate is not Court fee on the application for Succession Certificate and as such the benefit of notification dated June 7, 1994 cannot be extended to the said sum, required to be deposited Under Section 379(1) of the Act. It appears that Hon'ble Justice P. K. Misra in a subsequent decision in Soudamini Das and Ors. v. State of Orissa, reported in Vol. 85 (1998) C. L. T. 524 has taken a different view and granted exemption from payment of the sum required to be deposited Under Section 379(1) of the said Act. I understand that the said question has been referred to the Division Bench to resolve the Conflict.

(3.) UNLIKE an application for a Succession Certificate and in absence of any provision like Section 379 of the Act, the Court -fee required to be paid under Entry No. 11 of the First Schedule of the Orissa Court -Fees (Amendment) Act, 1958 is a Court -fee payable for filing an application for probate or letters of administration. Thus, the notification dated June 7, 1994 is attracted to the Court -fee payable for filing an application for grant of probate or letters of administration.