BRIJ MOHAN DUA Vs. SALAJ KUMAR

JUDGEMENT

(1.) Learned Counsel for the applicant is heard on admission.

(2.) The applicant is aggrieved by the order dated 25-1 -2005, passed by the 4th Additional District Judge, Bilaspur, in MJC No. 97/2004. By the said order, the Appellate Court has dismissed applicant's application under Section 13 of the Court Fee Act, 1870 read with Section 151 of CPC seeking refund of the amount of Court fee paid by the applicant with the memo of appeal in Civil Appeal No. 60-A/99, which was decided on 14-7-2000.

(3.) The facts of the case in short is that the applicant/plaintiff filed a suit for mandatory injunction against the respondent/defendants. The said suit was dismissed by the Trial Court after full trial by its judgment and decree dated 23-12-97. The plaintiff thereafter preferred an appeal bearing Civil Appeal No. 60-A/99 in the Court of 6th Additional District Judge, Bilaspur. The civil appeal was decided on 14-7-2000 and the matter was remanded back to the Trial Court for fresh decision.