SUKUMARAN, P.SUBRAMONIAN POTI, P.JANAKI AMMA
KURIAN – Appellant
Versus
AYYAPPAN – Respondent
1. Since the correctness of the decision of a Division Bench of this Court reported in In Re Seethalakshmi & Others (1980 KLT. 560) was doubted, the matter was referred to a Full Bench and thus the case is before us on the question of proper court-fee payable for the appeal. The appeal is against O.P. No. 67 of 1974 of the District Court, Trichur, that petition being one for letters of administration with copy of the Will annexed. The proceedings were contentious. But nevertheless the proceedings have not been registered as a suit as it ought to have been. There was in fact no caveat entered as it ought to have been. The practice of failing to enter a caveat and failing to register such proceedings as contentious suits has been adverted to by this Court in the decision in Kamala Bai Nelson v. Sam Vedaraj (ILR. 1981 (2) Kerala 1).
2. The appellant valued the appeal under Art.4 of Schedule I of the Kerala Court-Fees and Suits Valuation Act and paid court-fee of Rs. 786/-due under the abovesaid Article. But when the Office noted that the amount computed is not adequate and therefore the balance court-fee bad to be paid, he contended that court-fee is payable not under Art.4
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