The fee payable for Letters of Administration granted on the Original Side of the Andhra Pradesh High Court is as per Article 6 of Schedule I of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956.

K. MADHAVA REDDY, J.

( 1 ) THE question for determination is as to what is the fee payable for the Letters of Administration granted on an application made on the original Side of the High Court. The petitioner has paid a fee of Rs-347-l0p. It is contended by Mr. Kameswara Rao, learned Counsel for the petitioner, that in view of the reports of valuation received from the respective district Collectors, the total value of the property, after excluding the liabilities being Rs. 72,276/-, a court-fee of Rs. 575/- in all is payable as per Item 1 of Appendix If of the Madras High Court Fees Rules which are applicable to the Original Side of the Andhra Pradesh High Court and now that a sum of Rs. 347-l0p. has already been paid, only a sum of Rs. 227-90p. is payable. On the other hand, the High Court Registry claims and the learned Government Pleader contends that court-fee as per Article 6 of Schedule I of the ANDHRA PRADESH COURT FEES AND SUITS VALUATION ACT, 1956, 1956 is payable and, after deducting a sum of Rs. 347-lop. already paid towards court-fee, the balance due from the applicant towards Court-Fee is Rs. 2,543-94ps.

( 2 ) THERE is no dispute about the valuation of the property. The court-fee payable has to be calculated on Rs. 72,276/- which is the value of the estate after deducting the liabilities.

( 3 ) IT is the contention of Mr. Kameswara Rao, learned counsel for the applicant, that as the application is made for the grant of letters of administration on the Original Side, it is the Original Side Rules governing the andhra Pradesh High Court that are applicable and not the Andhra Pradesh court Fees and Suits Valuation Act. According to him, a court-fees of rs. 25/- was paid on the application under Article 7 of Appendix-II of the high Court Fees Rules as amended up-to-date, and when that application is allowed, the letters of administration are issued, it is Article II of Appendix II of the High Court Fees Rules that will govern the case. Article-I of appendix II reads as follows:"plaint or special case under Order XXXVI of the Code of civil Procedure where the value of the subject-matter of the suit does not exceed Rs. 2,500/- Rs. 225/- and for every Rs. l,000/-or part thereof in excess of rs. 2,500/- Rs. 5/- according to him in view of the definition of "pleading" in Order 1, Rule 2 of the High Court Fees Rules, pleading includes a plaint, written statement, petition special case, memorandum of appeal, and memorandum of objections. Therefore, for letters of administration issued oa such a plaint as the one filed in this case, court-fee is payable under Article I of Appendix II of the High Court Fees Rules In my view, this contention cannot be accepted. "pleading" as defined in sub-rule (6) of Rule 2 of Order I of the said Rules undoubtedly includes a plaint; and if the present petition for grant of letters of Administration were to be construed as a plaint, the applicant would have to pay not Rs. 25/- under Article 7 of Appendix II of the said Rules, but at the rate specified in Article I of Appendix II and having regard to the value of the property that would come to Rs. 575/ -.

( 4 ) FOR all applications on the Original Side of the High Court for the grant of Probate or Letters of Administration, the fee payble is Rs. 25/- as provided under those Rules. That apart, even under the Andhra Pradesh court Fees and Suits Valuation Act, only a court-fee of Rs. 25/- is payable on an application for probate or letters of administration, as laid down in article 11 (k) of Schedule II of the said Act. So, irrespective of whether the original Side Rules apply or the Andhra Pradesh Court Fees and Suits valuation Act applies, only Rs. 25/- is payable towards court-fee on an application for grant of probate or letters of administration. Here, we are not presently concerned with the fee payable on the application. That has already been paid.

( 5 ) WE are now concerned with the court-fee payable on the letters, of administration its

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