Civil Procedure Code, 1908, Section 11 -- Res judicata - Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff's appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the..........
Succession Act, 1925, Section 263 - - Court fee - Application seeking revocation of probate or letters of administration cannot be treated as a suit and shall be treated as Misc. application to be disposed of on fact situation - Burden of proof of seeking such a revocation would therefore lie on applicant in view of S.263 of the Act - Applicant thus, required to pay Court..........
Court Fees Act, 1870, Section 7(iv)(c) -- Computation of court fee - Petitioner claims to be co-sharer in the property on the basis of natural succession - Seeks declaration that mutation of inheritance of deceased is null and void - Subsequent sale deeds are based on illegal and wrongful mutation - Petitioner is not an executant of sale deeds, nor the relief of possession..........
Civil Procedure Code, 1908, Section 148, 149, Constitution of India, 1950, Article 225 -- Allahabad High Court Rules, 1952, Chap.30.Rr.9, 31, Succession Act, 1925, Ss.276, 278 - Succession - Court fee - Grant of probate or letters of administration - Deposit of court fees - To be made within 3 months from date of order of grant - Time period - Statutory - Enlargement - Not..........
Succession Act, 1925, Section 372, 379 -- Succession certificate - Court fee - Payment of Court fee alongwith application is not a pre condition - Court fee can be paid at the time of issue of certificate. (Court - fees Act, 1870, S.6, Sch. I, Art. 12 & Sch. II, Art.1)..........
