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1995 Supreme(AP) 634

A.GOPAL RAO
Hasmukh Champaklal Mehta – Appellant
Versus
Additional Chief Judge – Respondent


A. GOPAL RAO, J.

( 1 ) THIS Writ Petition is filed for issuing a Writ of Mandamus, directing the 1 st respondent not to collect Court Fee from the petitioner on the Letter of Administration to be issued to the petitioner pursuant to the Order, dated 27th April 1993, in Original Petition No. 172 of 1993, on the file of the Additional Chief Judge, city Civil Court, Hyderabad, 1st respondent-herein, in excess of the court-fee prescribed under Article 1 (c) (viii) of the 1st Schedule to the A. P. Court Fee and Suits valuation Act 1956 (for short the Act ).

( 2 ) THE necessary facts may be noticed. Petitioner filed Original Petition No. 172 of 1993 before the first respondent under section 232 of the Indian Succession act to grant Letter of Administration to him, for the last will and Testament, dated 29th November 1985, of his father, who died on 1st June 1991. A court-fee of rs. 25/- as required under Article 11 (k) of schedule-II of the Act was paid on the said petition. Two brothers and the only sister of the petitioner were impleaded as respondents in that petition, as they would be interested in opposing the petition. They filed affidavits and also gave evidence stating that they







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