P L D 1955 Sind 54 (PLP)

INAMULLAH, J.--‑Before disposing of the application for letters of administration the first question for my determina tion is whether the present application should be stayed till the opinion of the Collector under reference under section 19 (H) of the Court Fees Act is received. This question often arises in applications for letters of administration and probate where reference has been made to the Collector under section 19 (H) of the Court Fees Act of 1870. Notice of the application for probate or letters of administration is sent to the Collector or to the Chief Control ling Revenue Authority for the local area in order to enable the Controlling Revenue Authority to verify the valuation put by the petitioner. It often happens that in spite of reminders from Court the Chief Controlling Revenue Authority is not able to send its opinion about the valuation of the property put by the petitioner. The result is that the disposal of applications for letters of administration and probate is delayed. The position in law is very clear in. two‑fold ways. In the first place sub‑clause 2 of section 19 (1) of the Court Fees Act makes it clear that the grant of probate or letters of administration need not be delayed by reason of any motion made to the Collector tinder subsection 4 of section 19 (H) of the Court Fees Act, 1870. In the second place even if a probate or' letters of administration has been granted the Court Fees Act makes clear provision for the recovery of any further Court‑fee that may be found due from the petitioner as a result of the valuation put by the Collector or the Chief Controlling Revenue Authority. Sections 19 (E) and 19 (F) of the Court Fees Act, 1870, lay down the procedure to be followed when too low Court‑fee has been paid when applying for probate or letters of administration respectively. A similar view has been taken by the Calcutta High Court in the case of Srimati A I R 1918 Cal.

510. It has been held by that Court that the grant of probate to the petitioner need not be delayed because of the omission on the part of the Collector in making a motion under section 19 (H). I am clearly of the opinion that once the Collector or the Chief Controlling Revenue Authority has been informed under section 19 (H) and they have not made any motion as required under section 19 (H) within a reasonable time the grant of the probate or letters of administration need not be delayed on that score. In fact the very object for which the probate orb letters of administration is obtained is likely to be frustrated by the delay that may be caused by the Collector or the Chief Controlling Revenue Authority. I shall now dispose of the application for letters of administration. Citation has been duly served. There is no objection to the grant of letters of administration as prayed by the next‑of‑kin. They have also filed affidavits stating that no security be demanded by the petitioner. Letters of admi nistration to issue to the petitioner on his furnishing one surety. The surety need give only his personal bond. K. M. A. Letters of administration granted.