JUDGMENT :

Rule. Rule made returnable forthwith. Heard finally by consent of both the learned counsel for the parties.

2. This petition filed under Article 227 of the Constitution of India impugnes order dated 04.08.2018 passed by the Civil Judge Senior Division, Amravati, in RMJC No.597/2015 on application at Exh.37 of the record of the trial Court: Exh.37 is an application filed at the behest of the petitioner seeking the dismissal of a petition filed by respondents under Section 372 of the Indian Succession Act, 1925, (for short ‘the Act’), for non-payment of the requisite fee under Section 379(1) of the said Act.

3. The question that is called for decision in this petition is :

(a) “Whether an application for issuance of a certificate of Succession filed under Section 372 is maintainable when the fee prescribed under Section 379(1) of the Act, has not been paid along with the presentation of the application; and further,

(b) Whether the Civil Court dealing with the application filed under Section 372 of the Act, for issuance of a certificate of Succession would lack jurisdiction to proceed to here the application, for want of deposit of the fee referred to under Sub-section (1) of S