Law:

Section:

(a) Court Fees Act (vii of 1870)--- ----S. 19-I [added by Court Fees (Sindh Amendment) Ordinance (I of 1984)]--­Sindh Chief Court Rules (O.S), Chap. XXII, Rr. 376 & 378---Payment of court-fees in respect of probates and letters of Administration---Conjoint reading of Rr. 376 & 378, Sindh Chief Court Rules and S. 19-1, Court Fees Act, 1870 indicates that application for grant of Letters of Administration, Succession Certificate or Probate, must carry with itself deposit of an amount equal to the court-fee that was payable---Deposit of such amount, although has to remain in Court for the purpose of being used for purchase of court-fee for affixation, yet the putting in of such deposit in the Court is mandatory for under subsection (1) of S. 19-1, Court Fees Act, 1870, without a deposit being made, no order, entitling petitioner to Letters of Administration can be passed which makes grant of Letters of Administration contingent upon the deposit of court-fee---Provision of S. 19-1, Court Fees Act, 1870, by imposing a clog on the exercise of jurisdiction makes it a condition precedent that court-fee has to be deposited. Gurcharan Prasad and another v. Secretary of State AIR. 1936 All. 309 and Gangaram. Tillockchand v. The Chief Controlling Revenue Authority AIR 1927 Bom. 643 rel. (b) Court Fees Act (VII of 1870)--- ----S. 19-1 [added by Court Fees (Sindh Amendment) Ordinance (I of 1984)]--­Word "grant" as used in S. 19-1(1) Court Fees Act 1870---Connotation---Word "grant" as used in S. 19-I (1) Court Fees Act, 1870 means and implies passing of an order by the Court as distinct from the drawing up of a Letter of Administration, sealing the same and delivering to the person entitled thereto---Date of grant was thus, the date on which Court had passed the order, and not the date on which Letters of Administration were delivered to petitioner.--[Words and phrases]. ORDER An application was made by S. Ziauddin Ahmad for grant of Letters of Administration in respect of the immovable and movable properties belonging to Mrs. Shaista Ziauddin. The court-fee, as required under Rule 379 f of the Sindh Chief Court Rules (O.S) had not been deposited, so that the office…

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