Law: Court-Fees Act, 1870

Section: Ss. 19-H (2) & 19-I

Law: Succession Act, 1925

Section: Ss. 228, 241 & 291

  Court Fees Act (VII of 1870), Ss. 19-H (2) & 19-I-Letters of Administration with will annexed-Application for, made to High Court-Notice of application to be sent to Chief Controlling Revenue Authority of local area and not to Collector-Purpose of notice-To check-up value of property for purposes of Court fee.   Succession Act (XXXIX of 1925), Ss. 228, 241 & 291 ---Application of. Ss. 228 and 241-Application for Letters of Adminis tration under S. 228 may he made by attorney of absent executor- Surety bond under S. 291-[Wilfred I L R 1940, Mad. 820 and Adwait Nath, Sil's case A I R 1948 All. 3511-reL]             ORDER   This is an application for Letters of Administration with a copy of the will annexed. The facts giving rise to the present application are these:-   Sir Roger Thomas died on the 19th of September, 1960, having made a will dated the 1st of September 1960. Probate of the said will was granted on the 28th June 1961 by the High Court of Justice in the District Probate Registry at Car marthen. The present application has been made by Mr. R. F. Spickerell who holds a power of attorney on behalf of the execu tors of the will.   The application for Letters of Administration appears to be in order. A, properlyauthenticated copy of the will has been produced in this Court. The copy of the will is authenticated by the Deputy District Registrar of Carmarthen on the 2nd of October, 1961. The executor of the Will is absent from the Province.   After going through the record of this case I find that notice under section 19-H ofthe Court Fees Act, 18:70, has been sent to the Collector. I asked the learned Advocate for the peti tioner Mr. Noor Muhammad to satisfy me that the notice to the Collector was a proper one. He took time to study the question. He has now stated that the notice to the Collector was not a proper one. The relevant provisions of section 19-H of the Court Fees Act which require consideration are sub-clauses 1 and 2. They read as under   "19-H (1) Where an application for probate or letters of administration is made to any Court other than a High Court, the…