A. M. Beechey v. In the goods of William Beechey Late of Mussoorie deceased
1944-02-11
ALLSOP, YORKE
body1944
DigiLaw.ai
JUDGMENT Allsop and Yorke, JJ. - An application was made for the issue of Letters of Administration on the 27th July, 1943. The Court-Fees Act was amended as from the 1st August, 1943, and the amount due as fees was consequently increased. The question before us is whether court fees on the Letters of Administration should he paid in accordance with the Act as it was before the 1st August, 1943, or as it was after the 1st August, 1943. Our attention has been drawn to the case of Thaddens S. Nahapiet and Others Vs. Secretary of State, AIR 1924 Cal 987 ., and also the case of Gangaram Tillockchand v. The Chief Controlling Revenue Authority (1927) 52 Bom 61. The Calcutta and Bombay High Courts have differed on this point. We think that the decision of the Bombay High Court is correct. If we were to consider only the provisions of Section 19 (1) of the Court-Fees Act, we might perhaps hold that it is open to the Court to make an order that Letters of Administration should issue on the fees required by the original Act, but we have also to consider the provisions of Section 4 of the Court-Fees Act that no document of any of the kinds specified in the first schedule shall be furnished by any of the High Courts unless in respect of such document there be paid a fee of an amount not less than that indicated by the said schedule as the proper fee for such document. We could not furnish the applicant with Letters of Administration unless he had paid the fees which were due in accordance with the Act which was in force when the document was drawn up or was to be furnished to him. We therefore hold that the fees must be paid in accordance with the amended Act. The Letters of Administration shall not therefore be furnished to the applicant unless she has paid the additional necessary fees.