ORDER :- In the above T. O. S. a preliminary objection is raised regarding the question of Court fees. The petitioner had filed O.P. No. 85 of 1982 seeking to prove the will of one late K. E. Krishnaswamy alias Krishnamachari, in Solemn form and for the issue of Letters of Administration in respect of the will, with the registration copy of the will annexed. In that O.P. the said petitioner had impleaded all the interested parties who are likely to dispute the will and prayed for reliefs. Since some of the respondents disputed the will the said O.P. was converted into T. O. S. No. 10 of 1982, in which the contesting defendants have raised the issue regarding the Court fees, which is agreed to be decided as the preliminary issue. On the O.P. No. 85 of 1982 a Court fee of Rs. 5/- had been paid under Sch. II, Art.11 (k)(2) of the Tamil Nadu Court-fees and Suits Valuation Act, 1955. The contention of the contesting defendants is that one-half the scale of fees prescribed in Art.1 of Schedule I of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 on the market value of the estate less the fee of Rs. 5/-already paid, should be paid on the plaint.

2. Schedule II Art.11 (k) o