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1969 Supreme(Raj) 125

JAGAT NARAYAN
Shanti Bai – Appellant
Versus
Kishen Gopal – Respondent


Advocates Appeared:
R.C. Jain and B.R. Mehta, for Appellant; S.S. Deedwania and D.P. Gupta, for Respondent No.1; H.M. Lodha, for Respondent No.2; B.R. Arora, for Respondent No.8; Raj Narain, Additional Government Advocate, for State of Rajasthan

JAGAT NARAYAN, J.—An objection has been taken by Kishan Gopal, respondent No. 1, that the court-fee paid on the memorandum of appeal is insufficient.

2. One Badri Prasad died on 11th May 1964. Kishan Gopal., respondent No. 1, applied for grant of probate of the will alleged to have been executed by Badri Prasad in his favour. He was the main legatee under this will. Badri Prasad had 7 daughters. Kishan Gopal is the son of one of them. Smt. Shanti Bai, appellant, and Smt Nangi Bai, respondent No. 2, who are also the daughters of the deceased filed an objection against the grant of probate on various grounds. After the evidence of the parties had been recorded and the case was under arguments on 19.3.66 an oral objection was raised on behalf of Smt. Shanti Bai that the application for grant of probate was not properly stamped as required by the Rajasthan Court Fess & Suits Valuation Act, 1961. After hearing the objections the court fixed 22-3-66 for delivery of judgment. On 21.3.66 the appellant filed ... a written objection on the question of court fee to which Kishan Gopal filed a reply on the same day. The appellant filed a rejoinder on 22.3.66. The court gave a decision on 22-3-66





















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