GEETA BUILDERS Vs. ANUPAM A VANVARIA

JUDGEMENT

(1.) BY the present praecipe the Plaintiffs have sought directions from this Court in the matter of refund of court fees as according to the Plaintiffs the Office is treating their case under Item No.1 of Order dated 1st August, 1959 issued by the Home Department, Government of Maharashtra. As the matter pertained to refund of court fees, notice was given to the State of Maharashtra through the Government Advocate. Appearance has been put up on behalf of the State of Maharashtra.

(2.) LEARNED Additional Government Pleader has referred to order dated 1st August, 1959. In the Schedule to the said Order item No.1 refers to Summary Suit where leave to defend is refused or where the Defendant does not appear. In that case 2/3rd of the court fees are refundable. Item No.4 refers to suit which is withdrawn unconditionally by the Plaintiff in which case also 2/3rd court fees are refundable. On a reading of Order dated 1st August, 1959 the Office has contended that no court frees are refundable as the case of the Plaintiffs does not fall under Schedule I.

(3.) ORDER accordingly.