MUNDRIKA PRASAD SINGH Vs. UNION OF INDIAKACHNAR KUER

JUDGEMENT

(1.) These two applications will be dealt with together although they arise from two different orders passed by the learned Additional District Judge of Gaya with reference to a probate proceeding brought by the petitioner.

(2.) On 22-6-1948, the petitioner filed an application for probate of the will of late Babu Triloki Prasad Singh of village Barauli and valued the assets contained in the list attached to the application at Rs. 15,000/-. A copy of the list with the valuation was sent to the Collector of Gaya who submitted a report that the assets had been undervalued and that their actual value was Rupees 1,82,246/8/-. On objection by the petitioner, the Court below appointed a pleader-Commissioner to investigate into the question of valuation & submit his report. The pleader-commissioner estimated the value of the properties at Rs. 1,22,606 to which the petitioner, the Collector and also the opposite party filed objections. All the objections were disposed of by the learned Additional District Judge who fixed the value of the properties at Rs. 1,69,834/-.

(3.) After fixing the valuation, the Court below directed the petitioner to deposit Rs. 10,350, being the probate duty, in cash before the application could be taken up for hearing.