Back
IN THE HIGH COURT OF ALLAHABAD
S. P. MEHROTRA
GOODS OF LATE - Appellant
Versus
RAVINDER KUMAR - Respondents
C. M. A. 92267 Of 2003
Decided On : 07/04/2003
Court Fees - Grant of Letters of Administration - Indian Succession Act, 1925, Section 289, Section 290, Section 291, Section 300 - The court discussed the provisions of the Indian Succession Act, 1925, particularly Section 289, Section 290, Section 291, and Section 300, which deal with the grant of probate, grant of letters of administration, administration bond, and concurrent jurisdiction of the High Court. The court also considered the relevant rules of Chapter XXX of the 1952 Rules, particularly Rule 9, Rule 26, Rule 30, and Rule 31, which provide for the certificate as to court-fee, administration bond, and consequences of neglect to proceed with the petition or to furnish security.
Fact of the Case:
The petitioner filed an application for grant of letters of administration, seeking condonation of delay in payment of court-fee. The court had previously directed the issuance of letters of administration with Will annexed, subject to the satisfaction of payment of court-fee under Chapter XXX, Rule 9 of the 1952 Rules. The petitioner sought to make the payment of court-fee beyond the specified time.
Finding of the Court:
The court found that the delay in payment of court-fee by the petitioner was beyond the specified time. However, considering the provisions of Section 149 of the Code of Civil Procedure and the relevant rules, the court held that the delay in payment of court-fee deserved to be condoned and accordingly extended the period for payment of court-fee.
Issues: The issues involved the delay in payment of court-fee by the petitioner and the applicability of Section 149 of the Code of Civil Procedure and the relevant rules in condoning the delay.
Ratio Decidendi: The court held that the delay in payment of court-fee could be condoned and the period for payment of court-fee could be extended under Section 149 of the Code of Civil Procedure and the relevant rules, despite the delay being beyond the specified time.
Final Decision: The court granted the petitioner's request for condonation of delay in payment of court-fee and extended the period for payment of court-fee until the date on which the petitioner submitted the court-fee. The court directed the office to proceed with the matter and disposed of the application accordingly.
( 1 ) SUPPLEMENTARY affidavit filed today be taken on record.
( 2 ) THE present application (namely, Civil misc. Application No. 92267 of 2003) has been filed on behalf of the petitioner Smt. Krishna Kumari. An affidavit of Kamal kishore, sworn on 20th May, 2003, has been filed in support of the said application.
( 3 ) IT appears that the petitioner Smt. Krishna Kumari filed Testamentary Case No. 1. 8 of 2002, inter alia, praying for grant of letters of Administration to the petitioner in respect of the estate of the deceased ravinder Kumar.
( 4 ) BY the order dated 16th August, 2002 passed by this Court, it was, inter alia, directed as follows : "let Letters of Administration be issued with Will annexed, to the applicant for the estate of late Ravinder Kumar with Will annexed, after the Registrar General gives certificate of satisfaction of payment of Court- fee under Chapter XXX, Rule 9 of the Rules of this Court. "
( 5 ) IT has been averred in the aforesaid civil Misc. Application No. 92267 of 2003 and its supporting affidavit, that the petitioner went to the office on 9th May, 2003 for payment of court-fee, and that the office refused to accept the Court-fee stating that since six months had passed, it could not accept the Court-fee.
( 6 ) IT is, inter alia, prayed in the said application that direction be given to the office to accept the Court-fee and issue the administration Certificate to the petitioner in compliance with the order dated 16th august, 2002.
( 7 ) IN the supplementary affidavit filed today on behalf of the petitioner, it is averred that due to paucity of funds, the petitioner could not deposit the Court-fee in the matter, and that the delay in filing the Court fee may be condoned.
( 8 ) I have heard Sri J. Nagar, learned counsel for the petitioner.
( 9 ) IT is submitted by Sri J. Nagar that even if there is any delay in payment of court-fee, the Court has power to enlarge the period for payment of Court-fee in view of the provisions of Section 148 of the Code of Civil Procedure. It is further submitted by Sri J. Nagar that the provisions of Code of Civil Procedure save as otherwise provided in the Indian Succession Act, 1925 have been made applicable to the proceedings in relation to the grant of probate and Letters of Administration,
( 10 ) SRI J. Nagar has relied upon the following decisions : 1. Palani Gramani v. Manickammal, AIR 1938 Madras 486 (at page 488 of the said air ). 2. In the Goods of Mrs. Lilian Singh, AIR 1943 Calcutta 19 (at page 20 of the said AIR ). 3. Kailash Chandra v. Nanda Kumar, AIR 1944 Calcutta 385 (at page 386 of the said air ). 4. Ramji Sao v. Jageshwari, AIR 1964 patna 272 (paragraphs 11 and 12 of the said air ). 5. Mst. Tribeni Kuer v. Shankar Tiwari, air 1971 Patna 391 (paragraphs 5 and 9 of the said AIR ).
( 11 ) IT is further submitted by Sri J. Nagar that the petitioner has shown sufficient cause for the delay in the payment of Court- fee, and in the circumstances, the delay in payment of Court-fee may be condoned.
( 12 ) I have considered the submissions made by Sri J. Nagar, learned counsel for the petitioner.
( 13 ) SECTION 289 of the Indian Succession Act, 1925, which deals with grant of probate, provides as follows : "289. Grant of probate to be under seal of Court. When it appears to the District judge or District Delegate that probate of a will should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VI. "
( 14 ) SECTION 290 of the said Act, which deals with grant of letters of administration, lays down as under. "290. Grant of letters of administration to be under seal of Court. When it appears to the District Judge or District Delegate that letters of administration to the estate of a person deceased, with or without a copy of the Will annexed, should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VII. "
( 15 ) SECTION 291 of the said Act, which deals
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
