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1956 Supreme(All) 217

DESAI, BEG
L. RAYMOND – Appellant
Versus
FLORENCE BESSIE YAKCHEE – Respondent


Advocates Appeared:
K.N.TRIPATHI, O.M.Thomas, SUSHIL KUMAR

BEG, J.

( 1 ) THIS is a court-fee matter arising out of a reference under Section 5 of the Court Fees Act. There is no dispute about the facts relating to the present case. The sole question that arises is one of law, and relates to the amount of court-fee that would be payable on the application for the grant of a probate of the Will of one Ernest Raymond Yakchee who died on the night of the 9th/10th September 1954. The deceased had executed a Will in respect of his property on the 16th July, 1946. On 15-1-1955, en application for the grant of a Probate of the said Will was made by the Rt. Rev. Dr. L. Raymond, the Bishop of the Roman Catholic Diocese of Allahabad. The property which was the subject-matter of the Will was valued at Rs. 5,09,179/ -. The office assessed the court-fee at an amount of Rs. 31,553-3-0. This assessment having been contested by the applicant, the matter was placed before the Taxing Officer. The Taxing Officer, being of the opinion that the question involved in the case was one of general importance, referred the case to the taxing Judge for final decision. The case was heard by a learned single Judge of this Court. In the opinion of the learned single Judg




































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