SAYED MOHAMMED RAFEY Vs. MUMTAZ AHMAD AND ORS.

JUDGEMENT

(1.) THIS Appeal assails the Order of the Learned Single Judge dated 13.4.2010, whereby the prayer to refund the Court Fee paid on the Plaint was rejected. Learned Counsel for the Appellant/Plaintiff has relied on the decision of the Learned Single Judge of this Court in, 2009 (113) DRJ 612, titled J.K. Forgings -vs - Essar Construction India Ltd. and Ors., in which such an Order of refund had been made. In the impugned Judgment, however, another Learned Single Judge has distinguished the said precedent on the grounds that, unlike in the previous case, the Defendant in the present case had not even entered appearance before the Court.

(2.) THE power to refund Court Fee is contained in Section 16 of the Court Fee Act, 1870 which reads as follows:

(3.) IN these circumstances, we are of the opinion that the impugned Order is correct and beyond challenge. We must also clarify that J.K. Forgings does not set down the correct law.