COLLECTOR OF MALDAH Vs. NIRODE KAMINI DEBYA

JUDGEMENT

(1.) In this case, Nirode Kamini Debya, the opposite party in the present proceedings, applied for Letters of Admi-Eistration of the property of her deceased husband to the Munsif of Maldah who was the Delegate for the purpose of granting such Letters under the Probate and Administration Act. It is admitted that the gross value of the estate was Rs. 1,985, and that the liabilities amounted to Rs. 1,009, giving a net value of Rs. 976. The Delegate held that as the net value did not exceed Rs. 1,000, no Court-fee was payable. On a review, he refused to set this order aside, and a Rule has been granted to show cause why it should not be set aside.

(2.) A preliminary objection has been taken that we have no jurisdiction to interfere either under Section 115 of the Code or under Section 15 of the Charter. After hearing arguments on the point, we hold that we have jurisdiction to interfere under the latter enactment.

(3.) The contention of the petitioner is that Court-fees are payable on the net value of the estate in respect of which Probate or Letters of Administration are asked for, and that no deduction is to be made if that value is below one thousand rupees, The opposite party- contends that the decision of the Munsif is correct.