1. This is an appeal against a Judgment of Desai J. by which he ordered probate to issue to the petitioners of a will of one Louisa Catherine Rodricks. The will was opposed by the appellant substantially on two grounds. One was that the petition for probate was not in We proper form and that proper court-fees had not been paid, and the other ground was that the will had been obtained by undue influence. With regard to the first ground the position is this.

In the petition for probate in Schedule I the two petitioners have shown the value of moveable properties as Rs. 850/-. That is the only property which has been shown in this Schedule. Then they have annexed Schedule III and in that Schedule they have shown the value of immoveable property at Rs. 35,000/-, and with regard to this Schedule there is an averment in para 9 of the affidavit, in support of the petition that this property is the subject-matter of the suit filed by the deceased testatrix in which suit she claimed this property as belonging to her.

Admittedly, no court-fees have been paid on the value of this immoveable Property viz., Rs. 35,000/- and the direction given by the learned Judge with regard to this prop