BHANDARI, J.

( 1 ) IN this appeal against the order of the District Judge, Jaipur City granting probate application filed on behalf of one Suwa Lal, a preliminary objection has been raised by the learned counsel for the respondent that ad valorem court-fees should have been paid in the memorandum of appeal by the appellant as provided in Article 1, Schedule 1, Court-fees Act.

( 2 ) ONE Prahlad died on 28-10-1946 and before his death he had made a will on 22-10-1946 in favour of Suwalal respondent bequeathing him one house in Jaipur city. Mt. Bhonri the appellant lodged the caveat against the grant of probate and thereafter the proceedings became contentious.

( 3 ) AFTER framing issues and recording evidence the learned District Judge granted a probate to the respondent. Mst. Bhonri has preferred this appeal challenging the order of the learned District Judge.

( 4 ) A preliminary objection has been raised by the counsel for the respondent that the memorandum of appeal being against a decree, the court-fees payable thereon should be under Article 1, Schedule 1, Court-fees Act and ad valorem court-fees should be paid.

( 5 ) ON behalf of the appellant it is urged that the