Research › Browse › Judgment

Calcutta High Court · body

1917 DIGILAW 84 (CAL)

In Re: Srimoti Prasanna Moyee Basu and Will of Kritanta Kumar Bose v. .

1917-02-16

BEACHCROFT, WALMSLEY

body1917
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 u/s 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 u/s 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.