AVADH BEHARI ROHATGI

( 1 ) THE petitioner has made an application for grant of Proliate under S. 276 of the Indian Succession Act. The question which arises for consideration is: what is the point of time or stage when he should be directed to pay court-fee? There is a divergence of judicial opinion. Before noticing the conflict I will first set out the relevant statutory provisions.

( 2 ) A petition for the grant of a probate or Letters of Administration is made imdcr Ss. 276 and 278 of the Indian Succession Act. After the petition is made ihe question of court-fee immediately suprings rip. S. 19-1 of the Court Fees Act is the provision around which the controversy centres and it is as follows:

"19-1. Payment of Court-fees in respect of probates and letters of administration.-- (1) No order entitling the petitioner to the grant of probate or letters of administration shai! be made upon an application for such grant until the petitioner has filed in the Court a valuation of the property in the form set Forth in the third schedule, and the Court is satisfied that the fee mentioned in No. II of the first schedule has been paid on such valuation. "

( 3 ) SCHEDULE I of Article II provides

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