MOHMAD ASGAR ABDUL KARIM Vs. ABDUL BASIR ABDUL
LAWS(GJH)-1979-12-6
HIGH COURT OF GUJARAT
Decided on December 21,1979

MOHMAD ASGAR ABDUL KARIM Appellant
VERSUS
ABDUL BASIR ABDUL Respondents

JUDGEMENT

S.H.SHETH - (1.) . In the Court of the Civil Judge (Junior Division) at Surat the plaintiff has filed Civil Suit No. 226 of 1976 for the administration of the estate of deceased Abdul Rehman Abdul who died on 25th February 1968 and for the determination of his share under the will executed by Abdul Rehman. The suit is pending. He valued the suit at Rs. 200 and paid on the plaint a Court-fee of Rs. 40.00. The valuation made by the plaintiff and the Court-fee paid by him were challenged. The learned Judge after hearing the parties came to the conclusion that the plaintiff was liable to pay Court-fee on the value of his 1/3rd share. By the impugned order therefore he called upon the plaintiff to give details of the valuation of his 1/3rd share in the property of the deceased Abdul Rehman.
(2.) It is that order which is challenged in this Civil Revision Application.
(3.) Mr. Shelat who appears on behalf of the plaintiff has argued that a suit for administration is nothing but a suit for accounts and that therefore the plaintiff was entitled under sec. 6 (iv)(i) of the Bombay Court-fees Acts 1959 to put his own valuation subject to the payment of a minimum Court-fee of Rs. 20.00. In support of his contention he has cited before me a decision of the Division Bench of this Court in Taherbhai Fidaali Khambhati v. Abadin Fidaali Khambati and Ors .. It has been held in that decision that there is a marked distinction between a partition suit ar d an administration suit. In an administration suit the estate of the deceased is collected his debts are ascertained and collected and the shares of the parties who make claim to his estate are also ascertained. After payment of debts due by the deceased whatever remains out of the estate is distributed amongst the heirs or persons entitled to it in proportion to the shares which they have. It has lastly been held that since that is the character of an administration suit for the purposes of Court-fees it is a suit for accounts which can be valued under sec. 6(iv)(i) of the Bombay Court-fees Act.;


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