AIR 1935 ALLAHABAD 735

Allahabad High Court

Hon'ble Judge(s): Niamatullah, Rachhpal Singh , JJ

Succession Act (37 of 1925) , S.379— Deposit of sum equal to fee payable on succession certificate is not court-fee on application for succession certificate - Test of pauperism is to see whether applicant can pay court-fee on application and not sum to be deposited. Civil P.C. (5 of 1908) , O.33 R.1— The deposit under S. 379, Succession Act, of a sum equal to the fee payable on a succession certificate cannot be considered to be court-fee payable on the application for a succession certificate (which corresponds to a plaint in a suit). This deposit is made necessary to ensure payment of Court fee when the succession certificate is to be issued. As a matter of fact, the Court-fee on each certificate is payable under the Court-fees Act, Sch. 1, Art. 12, and is paid when the certificate is issued, i. e. after the termination of the proceedings under the Succession Act. The test of pauperism laid down by the Explanation to R. 1, O. 33. Civil P, C., is therefore not that the applicants have no means of paying the sum required to be deposited under S. 379, Succession Act, but that they have no means of paying the court-fee on the application for a succession certificate, that is, a trifling amount of eight annas;(Para 736C1) .....