The petitioner filed an application for probate which bore a Courtfee stamp of Rs. 5 under Article 11 (k) (ii) (2) of the Madras Court-fees and Suits Valuation Act, 1958. The applicant herself had impleaded a number of respondents of whom the first three, her brothers, objected to the grant of probate on certain grounds. In view of this contention, the Court below directed that the application should be registered as a suit and Court-fee paid under the proviso to Article 11(k). This petition is to revise that order.

It is argued that the proviso will have application only if a caveat is entered and not merely when an application is registered as a suit. The proviso is:

“Provided that if a caveat is entered and the application is registered as a suit, one-half the scale of fee prescribed in Article 1 of Schedule I on the market value of the estate less the fee already paid on the application shall be levied.”

I shall presently consider what a caveat means. Section 295 of the Succession Act, 1925 lays down the procedure to be followed where there is a contention in probate proceedings. In such a case the proceedings shall take as nearly as may be the form of a regular suit, accor