Sree Dipok Ranhjan Kar …..Appellant. -Versus- Sree Babul Ranjan Kar ……Respondent.

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Official index description (excerpt)

Source: Supreme Court official index.

Thus, after considering the question from different angles, we are of the view that the contentions proceeding for grant or refusal of probate or letters of administration is not a suit in substance and the order in the said proceeding is not a decree, as it does not fulfil the ingredients of decree as defined under the Code. There is no requirement in law that an order in a contentious proceeding should be followed by a decree. In that view of the matter, a decree is not required in law, to be filed along with the memorandum of appeal under section 299 of the Succession Act and as such, this appeal cannot be held to be incompetent due to non-filing of a copy of a decree along with the memorandum of appeal. The provisions of sections 19-C, 19-H and 19-I of the Court Fees Act, 1870 clearly suggest that the court-fees according to the valuation fixed under section 19-H of the Act will be payable at a stage if and when an order entitling the grant of probate or letters of administration would be made and not any previous stage. The provisions of sections 19-C, 19-H and 19-I of the

[Excerpt ends; the complete index description is retained in the catalogue JSON.]

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