Heard learned counsel for the parties.

2. This writ petition is directed against the order dated 14.05.1998, passed by 2nd Additional District Judge, Dehradun, in Suit No. 13 of 1997, whereby application 74C praying for recall of order dated 03.04.1998 is rejected, and petitioners are directed to pay additional court fee.

3. Brief facts of the case are that one S.K. Puri died on 14th May 1993, leaving his property behind him and also a Will dated 10th April, 1993. He created a charitable trust known as Dr. Pushpa Puri Memorial Charitable Trust, Mussoorie, in the name of his wife. On behalf of the Trust, a petition was filed by Trust through its trustee before the District Judge, under Section 276 of Indian Succession Act, 1925, for issuance of Letter of Administration on the basis of aforesaid Will. Said case was registered as Misc. Case No. 141 of 1995. It appears that certain objections were filed to the petition for Letter of Administration. Consequently, vide order dated 05.02.1997, the then District Judge, Dehradun, directed to register the misc. case as original suit. On this the Munsarim of the court submitted a report that there is deficiency of court fee to the tu