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TMI Blog1964 (9) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... red to as the Act, for a probate of the will. With this application, she annexed a schedule indicating the amount of assets, which were likely to come to her hands, as well as a schedule of liabilities which, according to her, had to be met by the estate of the deceased. A probate was granted by the District Judge, Jullundur, on the 4th of February, 1957. It appears that with the probate were annexed the copies of schedules, mentioned above. 2. Armed with a Copy of the probate, the appellant applied to the State Bank of India to deliver to her the ornaments mentioned in the schedule which were in a locker in the State Sank of India, in the name of the testator. When the locker was opened, it contained many more ornaments and much more gold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made an application to the District Judge and it is out of an order passed on this last application that the present appeal has arisen. 5. To the application, dated the 31st of October, 1961, a reply was made by Des Raj, respondent No. 1, who is a stepson of the appellant, stating that when the probate had been originally granted an objection had been raised by him to the effect that his wife had kept about 100 tolas of gold with his father, the testator, and that this gold was the property of his wife, but since the appellant was claiming only 7 tolas of gold he did not press his objection and allowed the appellant to get the probate. He asserted that had the appellant at that stage made a claim to the rest of the ornaments in the locker, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s had been sought before. Since he felt bound by the orders of his learned predecessors, who had dismissed her previous applications, the learned District Judge also dismissed the present application with considerable reluctance. 8. Mr. H.L. Sarin, learned counsel for the appellant, was asked by me under what provision of law he had filed the application, out of which the present appeal has arisen. He stated that the appellant had invoked the inherent jurisdiction of the Court under Section 151 of the Code of Civil Procedure or otherwise because due to a default of the Court in the circumstances, mentioned hereinafter, the appellant had been made to suffer. 9. Section 276 of the Act provides for a petition for probate and enjoins the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. Section 19-A provides for relief where too high a Court-fee has been paid on a probate on account of over-estimate of the value of the property of the deceased at the time of the granting of the probate, etc. Section 19-E provides for cases where too low a Court-fee has been paid on probates, etc., on account of the fact that later on it had been found that the value of the property was more. Section 19-I(1) is in the following terms-- 19-I(1). No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the Court a valuation of the property in the form set forth in the third schedule, and the court is satisfied that the fee men ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... val claims to the property left by a deceased, nor does it decide questions of title and if the contention is as to the ownership of the property in the locker, which is not contained in the schedule, then of course the matter has to be decided by a civil Court and the short matter for consideration is which is the party which should go to the Civil Court. According to the respondents, it is the appellant, who should go to the Civil Court and establish her title. According to the appellant, it is for the respondents to establish their title. The learned lower Court felt bound by the orders of its learned predecessors and, therefore, it dismissed the application. 13. Mr. Mehra for the respondents has urged that principles of res judicats app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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