1. The question for determination is as to what is the fee payable for the Letters of Administration granted on an application made on the Original Side of the High Court. The petitioner has paid a fee of Rs. 347-10 p. It is contended by Mr. Kameswara Rao, learned Counsel for the petitioner, that in view of the reports of valuation received from the respective District Collectors, the total value of the property, after excluding the liabilities being Rs. 42,276/-, a court-fee of Rs. 575/- in all is payable as per Item 1 of Appendix II of the Madras High Court Fees Rules which are applicable to the Original Side of the Andhra Pradesh High Court and now that a sum of Rs. 347-10 p. has already been paid, only a sum of Rs. 227-90 ps. is payable. On the other hand, the High Court Registry claims and the learned Government Pleader contends that court-fee as per Article 6 of Schedule I of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 is payable and, after deducting a sum of Rs. 347-10 p. already paid towards court-fee, the balance due from the applicant towards Court-Fee is Rs. 2,543-94 ps.
2. There is no dispute about the valuation of the property. The court-fee payable has to be calculated on Rs. 72,276/- which is the value of the estate after deducting the liabilities.
3. It is the contention of Mr. Kameswara Rao, learned counsel for the applicant that as the application is made for the grant of letters of administration on the Original Side, it is the Original Side Rules governing the Andhra Pradesh High Court that are applicable and not the Andhra Pradesh Court Fees and Suits Valuation Act.
4. According to him, a court-fees of Rs. 251/- was paid on the application under Article 7 of Appendix-II of the High Court Fees Rules as amended up-to-date, and when that application is allowed, the letters of administration are issued, it is Article I of Appendix II of the High Court Fees Rules that will govern the case. Article I of Appendix II reads as follows:
“Plaint or special case under Order XXXVI of the Code of Civil Procedure—
Where the value of the subject-matter of the suit does not exceed Rs. 2,500/- Rs. 250/- And for every Rs. 1,000/- or part thereof in excess of Rs. 2,500/- Rs. 5/-
5. According to him in view of the definition of “pleading” in Order 1, Rule 2 of the High Court Fees Rules, pleading includes a plaint, written statement, petition special case, memorandum of appeal, and memorandum of objections. Therefore, for letters of administration issued on such a plaint as the one filed in this case, court-fee is payable under Article I of Appendix II of the High Court Fees Rules, in my view, this contention cannot be accepted. “Pleading” as defined in sub-rule (6) of Rule 2 of Order 1 of the said Rules undoubtedly includes a plaint, and if the present petition for grant of letters of Administration were to be construed as a plaint, the applicant would have to pay not Rs. 25/- under Article 7 of Appendix II of the said Rules, but at the rate specified in Article I of Appendix II and having regard to the value of the property that would come to Rs. 575/-.
6. For all applications on the Original Side of the High Court for the grant of Probate or Letters of Administration, the fee payable is Rs. 25/- as provided under those Rules. That apart, even under the Andhra Pradesh Court Fees and Suits Valuation Act, only a court-fee of Rs. 25/- is payable on an application for probate or letters of administration, as laid down in Article 11(k) of Schedule II of the said Act. So, irrespective of whether the Ordinal Side Rules apply or the Andhra Pradesh Court Fees and Suits Valuation Act applies, only Rs. 25/- is payable towards court-fee on an application for grant of probate or letters of administration. Here, we are not presently concerned with the fee payable on the application. That has already been paid.
7. We are now concerned with the court-fee payable on the letters, of administration itself which are granted upon the application for the grant of letters of administration being allowed. A perusal of the High Court Fees Rules discloses that there is no specific provision in this behalf. Article I of Appendix II of the High Court Fees Rules is not applicable to the letters of administration granted by the Court, it only governs plaints or special cases under Order XXXVI of the Code of Civil Procedure. What is granted by the Court upon an application being allowed cannot be deemed to be a plaint within the meaning of Article I of Appendix II of the High Court Fees Rules. The learned Counsel for the applicant also fairly stated that if Article I of Appendix II of the High Court Fees Rules does not apply, there is no other provision which may govern the matter.
8. Even before the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 came into force, for the grant of probate and letters of administration by the High Courts on their Original Sides, the court-fee payable was regulated by the Court Fees Act (Act VII of 1870). Section 3 of the said Act, laid down as follows:
“3. Levy of fees in High Courts on their Original Sides.—
The fee (payable for the time being to the clerks and officers other than the Sheriffs and attorneys) of the High Courts other than those of Kerala, Mysore and Rajasthan.
Or chargeable in each of such Courts under No. 11 of the First, and Nos. 7, 12, 14, 20 and 21 of the Second Schedule to this Act annexed”
9. Item No. 11 of Schedule I of the Central Court Fees Act made provision for this, and court-fee was payable for the letters of administration granted on the Original Side as per the rates mentioned therein. But, this Act, in its application to the State of Andhra Pradesh, has been repealed by Sec. 79 of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956. Hence the provisions of the Central Court Fees Act are no longer applicable. Though Section 2(2) of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 enacts that the provisions of the Andhra Pradesh Court Fees and Suits Valuation Act relating to the levy of fee shall be subject to the provisions of any other law relating to the levy of fee in respect of proceedings under such law, in as-much-as the Original Side Rules make no provision for the levy of Court fee and the Central Court Fees Act, in its application to the State of Andhar Pradesh, has been repealed by Sec. 79 of the Andhra Pradesh Court Fees and Suits Valuation Act and there is no other provision of law which prescribes the fee payable for the grant of letters of administration upon an application being allowed by the Original Side of the High Court of Andhra Pradesh, the provisions of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956, apply. Once an application for grant of letters of administration is allowed, the fee payable for the letters of administration to be granted by the Court would be as laid down in Article 6 of Schedule I of the Andhra Pradesh Court Fees and Suits Valuation Act, which prescribes 4 per cent court-fee on the value of the property for which letters of administration is sought where the value exceeds Rs. 50,000/- but does not exceed one lakh rupees. In the instant case, the value of the property being Rs. 72,276/-, a court fee of Rs. 2,89140 ps. is payable as stated by the Registry of the High Court. Since the petitioner has already paid Rs. 347-10 ps. be is liable to pay the balance of Rs. 2,543-94 ps. for the issuance of letters of administration. The petitioner is granted one week's time for paying the court-fee. On deposit of the court-fee the office shall prepare and issue the letters of administration within three days thereafter.
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