Heard learned counsel on the question of admission. With the consent of learned counsel for both the parties the matter is disposed of at the stage of admission.

2. This is a writ petition filed under Article 226 of the Constitution of India and is directed against the order dated 1-3-1990 passed by the learned Additional District Judge III, Patna, in Probate Case No. 65 of 1989. The petitioner contends that the provisions of Article 11 of Schedule 1 of the Court-fees, Act, 1870, levying court-fees in respect of applications and letters of administration beyond Rs. 19,500/- are ultra vires and unconstitutional.

3. At the time of hearing learned counsel for the applicant brougbt to our notice a decision of the Supreme Court in P. M. Ashwathanarayana Setty and others v. State of Karnataka and others (A.I.R. 1989 S.C. 100). The following observations of the Supreme Court in that decision are pertinent:-

"….... Indeed, where a proceeding for grant of probate and letters of administration becomes a contentious matter, it is registered as a suit and proceeded with accordingly. If in respect of all other suits of whatever nature and complexity an upper limit of Rs. 15,000/- on the Court