VERMA, J.—The appellant was directed to give notice to the learned Deputy Govt. Advocate. Shri B.S. Bhati Deputy Govt. Advocate is present and he accepts notice.

(2) Heard the learned counsel for the parties.

(3) This appeal raises a short question about the time at which the court fee is to be paid on grant of probate. Learned District Judge has held that court fee payable on probate should be paid along with application for probate itself. Aggrieved, appellant has come to this Court.

(4) Learned counsel for the appellant submits on the basis of A.G. Hariharan vs. A.G. Singaravelu & ors (1) that the date on which court fee is payable is one on which the probate is granted and not the date on which application is moved.

(5) The appeal is opposed by Mr. A.L. Chopra, on behalf of the respondents and by B.S. Bhati, on behalf of the Government. It is submitted by them that the practice in the Judgeship of Jodhpur has been to collect court fee at the time of moving of the application and hence the order of the learned District Judge does, not call for interference. Reliance is placed upon Mundrika Prasad vs. Kachnar Kuer & ors. (2). ,

(6) I have considered the rival contentions. An applicati

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