Case Note & Summary
The petitioner, defendant No.1 in O.S.No.47/2013 pending before the Prl. Civil Judge at Madikeri, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 04.09.2013 on I.A.No.1. The suit was for grant of probate relating to a will dated 09.04.2002. The petitioner had filed an application under Section 11(2) of the Karnataka Court-Fees and Suits Valuation Act, 1958, raising two questions: (i) whether the valuation of the estate made by the plaintiff was in accordance with law, and (ii) whether the court fee paid on the application for probate after it was registered as a suit was correct. The trial court dismissed the application without referring to the relevant provisions of the Act. The High Court, after hearing both sides, found that the trial court had not examined the matter in light of the Act. The High Court set aside the impugned order and directed the trial court to reconsider the application afresh, after hearing both parties and in accordance with law. The writ petition was allowed accordingly.
Headnote
A) Civil Procedure - Probate - Valuation of Estate - Section 11(2) of the Karnataka Court-Fees and Suits Valuation Act, 1958 - The trial court dismissed the defendant's application under Section 11(2) without referring to the relevant provisions of the Act. The High Court held that the trial court must examine the valuation and court fee in accordance with the Act and set aside the order for reconsideration. (Paras 1-3) B) Court Fees - Probate - Computation of Court Fee - Karnataka Court-Fees and Suits Valuation Act, 1958 - The trial court failed to consider the correct computation of court fee on the probate application. The High Court directed the trial court to decide the issue afresh after hearing both parties and in accordance with law. (Paras 2-3)
Issue of Consideration
Whether the valuation of the estate made by the plaintiff in a suit for grant of probate is in accordance with law, and whether the court fee paid on the application for probate after it was registered as a suit is correct.
Final Decision
The writ petition is allowed. The impugned order dated 04.09.2013 passed by the Prl. Civil Judge at Madikeri on I.A.No.1 in O.S.No.47/2013 is set aside. The trial court is directed to reconsider I.A.No.1 afresh, after hearing both parties and in accordance with law.
Law Points
- Valuation of estate for probate must be in accordance with Section 11(2) of the Karnataka Court-Fees and Suits Valuation Act
- 1958
- Court fee on probate application must be computed as per the Act
- Trial court must consider relevant provisions before deciding on valuation and court fee
