PRIKKACHI Vs. KANNAN

JUDGEMENT

(1.) This is a petition filed by the revision petitioner for refund of excess court fee paid. The question arose this way. The petitioner filed an appeal before this Court as S. A. 1040 of 1974. At the time when the matter was taken up for hearing, it was doubted whether a Second Appeal was competent. So by way of caution the appellant prayed that the Second Appeal may be permitted to be converted as a Civil Revision Petition. That prayer was allowed and the matter was disposed of on that basis.

(2.) The present petition is laid on the ground that the court fee paid on the memorandum of appeal in the Second Appeal should be refunded Reliance is placed on S.70 of the Court Fees Act. That provision reads as follows: