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In Re: Srimoti Prasanna Moyee Basu and Will of Kritanta Kumar Bose - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in40Ind.Cas.576
AppellantIn Re: Srimoti Prasanna Moyee Basu and Will of Kritanta Kumar Bose
Excerpt:
probate, grant of, delay in - court fees act (vii of 1870), sections 19(h)(4), 19(1)--motion of collector, delay in, effect of. - .....petitioner has filed the valuation required by section 191 of the court fees act and has also paid the fee requisite under that section. the learned judge seems to think that because the collector has not made a motion under section 19h, sub-section (4), the probate cannot be granted. sub-section (2) of section 19 i says that the grant of probate should not be delayed by reason of a motion by the collector under section 19 h. if the grant is not to be delayed in a case where the collector has made a motion, we do not see on what principle the grant can be delayed where he has not made a motion.3. the appeal is allowed and probate will be issued at once.4. let the order be sent down at once.
Judgment:

1. The learned Government Pleader, to whom we ordered a notice of this application to be given, has conceded that be cannot oppose this application for issue of Probate.

2. The petitioner has filed the valuation required by Section 191 of the Court Fees Act and has also paid the fee requisite under that section. The learned Judge seems to think that because the Collector has not made a motion under Section 19H, Sub-section (4), the probate cannot be granted. Sub-section (2) of Section 19 I says that the grant of Probate should not be delayed by reason of a motion by the Collector under Section 19 H. If the grant is not to be delayed in a case where the Collector has made a motion, we do not see on what principle the grant can be delayed where he has not made a motion.

3. The appeal is allowed and Probate will be issued at once.

4. Let the order be sent down at once.


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