DARSHAN AGGARWAL Vs. KULDEEP

JUDGEMENT

(1.) THIS is an application made by the appellant, who succeeded before us in appeal and we remanded the matter to the trial court for trial in accordance with our directions made therein.

(2.) THE appellant before us says that she is a widow, about 66 years of age and that she arranged money with great difficulty for the purposes of paying court fee amounting to Rs. 4,443/-.

(3.) SECTION 351 of the old Code mentioned in Section 13 of the Court Fees Act, has since been repealed and substituted by the provisions of Order XLI Rule 23 C.P.C. This position is accepted by the Supreme Court in AIR 1980 S.C. 591, at 592. Order XLI Rule 23 C.P.C. now reads as under :