JUDGMENT - S.M. DAUD, J.:---These petitions under Article 226 of the Constitution assails the Constitutional vires of Item 10 of Schedule I being an appendage to the Bombay Court Fees Act, 1959.

2. To understand the question that arises for determination in these petitions, it will suffice if I narrate the events leading to the institution of the first petition. Petitioners in that petition claim to be the executor/executrix/trustees of the Last Will and Testament dated 5th March, 1985 of Harihar Jethalal Jariwala, better known by his name on the silver screen as Sanjeev Kumar. Sanjeev Kumar died at Bombay on November 6, 1985 and, under the Will aforementioned, petitioners were appointed as executors of the estate left by him. Petitioner 1 has instituted a petition for Probate to the estate of said Sanjeev Kumar and that petition has the consent of petitioner 2 and the other executors. After the petition had been lodged, the office of the Original Side of this Court, calculated the amount payable vide the clause mentioned in the first paragraph inasmuch as section 29 of the aforementioned Act, makes it a condition precedent that until the fee mentioned in Clause 10 of the First S

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