Rajesh Kumar Mishra @ Raja vs All Odisha Judicial Officers And
2021 Latest Caselaw 12689 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.37820 Of 2021
                            (Through hybrid mode)

        Rajesh Kumar Mishra @ Raja                ....           Petitioner

                                                Mr. T.K. Mishra, Advocate

                                     -versus-

        All Odisha Judicial Officers and          ....     Opposite Parties
        others


                 CORAM: JUSTICE ARINDAM SINHA

Order                             ORDER
No.                              09.12.2021

 2.     1.      Mr. Mishra, learned advocate appears on behalf of petitioner

and submits, impugned is order dated 9th August, 2021 whereby, inter

alia, the District Judge rejected his client's petition for deferment of

payment of Court-fees on his application for grant of probate. He

draws attention to section 19-I in Court-Fees Act, 1870. He submits,

the grant, if made, will be on payment of Court-fees but till before that

his client may be allowed to proceed, on undertaking to put in the

deficit. He relies on a Division Bench judgment in Pritish Kumar

Mitra v. Prosanto Kumar Mitra reported in AIR 1970

CALCUTTA 236, paragraph-12 wherein view taken was that an

unsuccessful propounder of a Will is not liable to pay Court-fees

mentioned in section 19-I.

// 2 //

2. Issue notice. Petitioner will put in requisites for service by

speed post with AD.

3. List on 23rd December, 2021.

(Arindam Sinha) Judge Sks