B.Bhattacharya, J. - (1.) This revisional application under section 115 of the Code of Civil Procedure is at the instance of an executrix in a proceeding for grant of probate and is directed against order No. 30 dated October 26, 1998 passed by the learned District Judge, North 24-Parganas at Barasat in Miscellaneous Judicial Case No. 107 of 1993 thereby refusing to return court fees paid in advance by the petitioner although her prayer for withdrawal of the said proceeding was allowed.
(2.) The present petitioner filed an application, before the learned District Judge, North 24-parganas for grant of probate of the Will of her mother with the copy of the said Will annexed. Before the matter became contentious, she deposited the highest amount of court fees payable on a probate i.e. Rs. 10,000/-.
(3.) Subsequently, the petitioner decided not to press the said application for grant of probate and an application to that effect was filed before court. The petitioner filed a separate application for refund of the said court fees of Rs. 10,000/-.;