SMT. SHASHI CHARAN Vs. NACHIKETA SINGH & ORS.

JUDGEMENT

(1.) This writ petition is directed against the order dated 26.2.2013 passed by the trial court, whereby the application filed by the petitioner under Section 51 of the Rajasthan Court Fees and Suits Valuation Act, 1961 ('the Act') has been dismissed.

(2.) The respondent filed proceedings under Section 276 of the Indian Succession Act, 1925 ('the Succession Act') seeking probate of will dated 15.6.2002 said to have been executed by Ganga Dan Charan. The proceedings were whereafter converted into application for grant of letter of administration.

(3.) The petitioner appeared and sought to contest the proceedings filed by the respondent and whereafter application under Section 51 of the Act was filed inter-alia raising the contention that as the proceedings are contested, the plaintiff is required to pay the court fees in terms of proviso to Article 11(j) of the second schedule of the Act. The application was contested by the respondent.