V K NARASIMHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The Division Bench while allowing the Writ Appeal No. 928/ 74, set aside the order of the learned single Judge who had dismissed the Writ Petition No. 5798 of 1974, in limine, and remanded the case to the learned single Judge for a decision on merits.

(2.) The petitioner has filed a memo in the aforesaid Writ Appeal claiming refund of court-fee affixed on the memorandum of appeal.

(3.) The learned counsel for the petitioner has sought to base his claim for refund on the provisions of Section 64 of the Karnataka Court Fees and Suits Valuation Act, 1958 (hereinafter referred to as the Court Fees Act), which reads: "