SHANTI BAI Vs. KISHEN GOPAL

JUDGEMENT

(1.) AN objection has been taken by Kishan Gopal, respondent No. 1, that the court-fee paid on the memorandum of appeal is insufficient.

(2.) ONE Badri Prasad died on 11th May 1964. Kishan Gopal. , respondent No. 1, applied for grant of probate of the will alleged to have been executed by Badri Prasad in his favour. He was the main legatee under this will. Badri Prasad had 7 daughters. Kishan Gopal is the son of one of them. Smt. Shanti Bai, appellant, and Smt Nangi Bai, respondent No. 2, who are also the daughters of the deceased filed an objection against the grant of probate on various grounds. After the evidence of the parties had been recorded and the case was under arguments on 19. 3. 66 an oral objection was raised on behalf of Smt. Shanti Bai that the application for grant of probate was not properly stamped as required by the Rajasthan Court Fess & Suits Valuation Act, 1961. After hearing the objections the court fixed 22-3-66 for delivery of judgment. On 21. 3. 66 the appellant filed. . . a written objection on the question of court fee to which Kishan Gopal filed a reply on the same day. The appellant filed a rejoinder on 22. 3. 66. The court gave a decision on 22-3-66 that the court-fee paid is insufficient and that court-fee was payable under the proviso to article 11 (j) of Schedule II of the Rajasthan Court-Fees Act. In the order granting probate it was stated by the learned District Judge that the probate shall not be issued till the deficiency in court-fee was made up.

(3.) I accordingly hold that the court-fee paid is insufficient. The proper court-fee payable on the memorandum of appeal is Rs. 3,440/ -. The appellant has paid only the court-fee of Rs. 10/ -. One month's time is given to her to make up the deficiency failing which the appeal would be dismissed. .