Case Note & Summary
The petitioner, Smt. N. Gajalakshmi, filed a writ petition under Article 227 of the Constitution of India challenging an interlocutory order dated 11.10.2013 passed by the XXII Addl. City Civil Judge, Bangalore in P & SC Petition No.143/2009. The trial court had directed the petitioner to pay court fee on the petition as per the proviso to Article 11(l) of Schedule II of the Karnataka Court-Fees and Suits Valuation Act, 1958. The petitioner contended that the court fee becomes payable only when the claim becomes contentious, i.e., after a caveat is entered or objections are filed. The respondents, who were the defendants in the probate proceedings, argued that the court fee was payable at the time of filing. The High Court, after hearing both sides, held that the court fee under the proviso becomes payable only when the claim becomes contentious. Since no caveat had been entered or objections filed at the time of the impugned order, the court fee was not yet payable. The court set aside the trial court's order and directed that the court fee be paid only if and when the claim becomes contentious. The writ petition was allowed.
Headnote
A) Court Fees - Probate and Letters of Administration - Time of Payment of Court Fee - Karnataka Court-Fees and Suits Valuation Act, 1958, Schedule II, Article 11(l) proviso - The court fee under the proviso becomes payable only when the claim becomes contentious, i.e., when a caveat is entered or objections are filed, not at the time of filing the application. The trial court's order directing payment of court fee at the initial stage was set aside. (Paras 1-6)
Issue of Consideration
When does court fee become payable as per the proviso to Article 11(l) of Schedule II of the Karnataka Court-Fees and Suits Valuation Act, 1958 on an application for grant of probate or letters of administration?
Final Decision
The writ petition is allowed. The impugned order dated 11.10.2013 passed by the XXII Addl. City Civil Judge, Bangalore in P & SC Petition No.143/2009 is set aside. The trial court is directed to call upon the petitioner to pay court fee under the proviso to Article 11(l) of Schedule II of the Karnataka Court-Fees and Suits Valuation Act, 1958 only if and when the claim becomes contentious.
Law Points
- Court fee becomes payable under proviso to Article 11(l) of Schedule II of Karnataka Court-Fees and Suits Valuation Act
- 1958 when the claim becomes contentious
- not at the time of filing the application for probate or letters of administration
Case Details
2014 LawText (KAR) (06) 13
Writ Petition No.48803/2013 (GM-CPC)
Sri S.V. Bhat for petitioner; Sri Mithun for Sri G.D. Ashwathnarayan for R2; Sri C.G. Gopalaswamy for R1
N. Nagaraja Reddy and Smt. Jayalakshmi
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Nature of Litigation
Writ petition under Article 227 of Constitution of India challenging an interlocutory order in a probate proceeding regarding payment of court fee.
Remedy Sought
Petitioner sought to quash the order dated 11.10.2013 passed by the trial court directing payment of court fee on the P & SC petition as per the proviso to Article 11(l) of Schedule II of the Karnataka Court-Fees Act.
Filing Reason
The trial court directed the petitioner to pay court fee on the probate petition at the initial stage, whereas the petitioner contended that court fee becomes payable only when the claim becomes contentious.
Previous Decisions
The trial court passed the impugned order on 11.10.2013 in P & SC Petition No.143/2009.
Issues
Whether court fee under the proviso to Article 11(l) of Schedule II of the Karnataka Court-Fees and Suits Valuation Act, 1958 becomes payable at the time of filing the application for probate or letters of administration, or only when the claim becomes contentious.
Submissions/Arguments
Petitioner argued that court fee under the proviso becomes payable only when the claim becomes contentious, i.e., after a caveat is entered or objections are filed.
Respondents argued that court fee is payable at the time of filing the application.
Ratio Decidendi
The court fee under the proviso to Article 11(l) of Schedule II of the Karnataka Court-Fees and Suits Valuation Act, 1958 becomes payable only when the claim becomes contentious, i.e., when a caveat is entered or objections are filed, and not at the time of filing the application for probate or letters of administration.
Judgment Excerpts
When court fee becomes payable as per the proviso to Article 11 (l) of Schedule II of the Karnataka Court-Fees and Suits Valuation Act, 1958 on an application for grant of probate or letters of administration? In my opinion, the court fee becomes payable under the proviso, when the claim becomes contentious.
The reasoning of the trial Court in the impugned order reads as follows: '8. A perusal of records will reflect that petitioner is claiming grant of probate...'
In my opinion, the court fee becomes payable under the proviso, when the claim becomes contentious.
Procedural History
The petitioner filed P & SC Petition No.143/2009 before the XXII Addl. City Civil Judge, Bangalore for grant of probate or letters of administration. The second respondent filed a memo, and the trial court passed an order on 11.10.2013 directing the petitioner to pay court fee as per the proviso to Article 11(l) of Schedule II of the Karnataka Court-Fees Act. The petitioner challenged this order by filing the present writ petition under Article 227 of the Constitution of India.
Acts & Sections
- Karnataka Court-Fees and Suits Valuation Act, 1958: Schedule II, Article 11(l) proviso
- Constitution of India: Article 227
