AIR 1993 MADHYA PRADESH 41 ::(1993) CivilCourtC 283 ::1993 (2) LJR 16/1

Madhya Pradesh High Court

Hon'ble Judge(s): T. N. Singh , J

Succession Act (39 of 1925) , S.372, S.379— Application for Certificate - Payment of court-fee along with application is not a precondition - Court-fees can be paid at time of issue of certificate. Court-fees Act (7 of 1870) , S.6, Sch.I, Art.12, Sch.II, Art.1— The provision of deposit accompanying sing the application for succession certificate is not mandatory and it does not constitute any condition precedent to be satisfied for the application to be entertained and tried. Its purport is procedural and it does not affect the applicant's substantive right to make the @page-MP42 application contemplated under Section 372 which is not saddled by any other requirement except that of setting forth in the application the enumerated particulars. It really serves the purpose for which it is enacted, to provide the "mode of collecting court-fees on certificates" to be issued if and when the application is allowed. The object of the provision being merely collection of Court-fees before a certificate is issued, that is, fulfilled when requisite deposit is made before the certificate is issued upon holding the applicant entitled thereto.(Para 5) Provisions of S. 379 are to be read as supplemental to those of Article 12 of Schedule I of the Court-fees Act. It is clearly contemplated in Articl....