JUDGMENT :

C.S. DIAS, J.

1. What is the court fee to be paid on an application for probate/letters of administration is the question posed in the original petition.

2. The plaintiff in O.S No. 2/2014 of the Court of the First Additional District Judge, Thrissur (court below) has assailed Ext P8 order in the original petition. The respondent is the brother of the petitioner and defendant in the suit.

3. The relevant background facts leading to Ext P8 order are:

(i) The petitioner had filed LAOP No. 577/2013 before the court below under Section 278 of the Indian Succession Act to issue letters of administration in respect of the Will executed by his father - late K.K. Govindan.

(ii) The petitioner valued the original petition at Rs. 50,000/- and paid a court fee of Rs. 6,000/- under Sec. 56 read with Article 6 of Schedule I of the Kerala Court Fees and Suit Valuation Act, 1959 (in short ‘Court Fees Act’).

(iii) The respondent has filed Ext P2 objection, inter-alia, disputing the Will, the valuation of the original petition and the court fee paid.

(iv) In view of the Ext P2 objection, the