LAWS(ALL)-2009-8-355

MUSTAQUE ALI Vs. NET RAM GANGWAR

Decided On August 21, 2009
Mustaque Ali Appellant
V/S
Net Ram Gangwar Respondents

JUDGEMENT

(1.) Civil Misc. Withdrawal Application No. 83885 of 2009 is taken up for orders.

(2.) This is an application filed by the appellant under Section 151 of Code of Civil Procedure (hereinafter referred to as C.P.C.) seeking refund of court fees of Rs. 1558.00/- paid in Second Appeal No. 885 of 2008 Mustaque Ali v. Net Ram Gangwar.

(3.) Submissions of learned Counsel for the appellant is that the appeal was dismissed under Order 41 Rule 11 of C.P.C. holding it as not maintainable, therefore, Court fee already paid should be refunded. I have heard Sri Tahir Hussain Farooqui, learned Counsel for the applicant/appellant.