BHAGWANDAS Vs. BHAGWANDAS

JUDGEMENT

(1.) The meaningful question that falls for consideration in the instant revision petition is as to what should be the court-fee in a contentious case for grant of probate or letter of administration.

(2.) This question arises in the circumstances set out below.

(3.) The non-petitioner plaintiff (in short the plaintiff) made an application for grant of letter of administration in the Court of learned District Judge, Jaipur City on the basis of alleged Will and present petitioner-defendants (in short the defendants) were arrayed as opposite party. The defendants objected to the grant of letter of administration. The learned District Judge after being satisfied that the case was contentious directed to Registrar the application as regular suit. The report in respect of valuation of the property was called from the Collector and according to him the valuation of the property was Rs. 33.50 lacs. The plaintiff disputed the valuation described by the District Collector and the learned District Judge directed the plaintiff to furnish valuation of his own. The plaintiff was further directed by the order dated December 17, as regards the excess valuation by the District Collector by furnishing his own valuation or in the alternative to pay the Court-fee within a period not exceeding 25 days.