M DASARATH Vs. K OMPRAKASH

JUDGEMENT

(1.) On the objection raised by the Registry this matter has come up before us fo orders. The objection is that there is no provision in Chapter-VII of the A.P.Court Fees and Suits Valuation Act for refund of Court fee, if the L.P.A. is numbered and dismissed as withdrawn.

(2.) In the decision reported in M/s. P & H Vaswani (P) Ltd. vs. G.S. Murthy it was held that the power to grant refund in exceptional cases may be traceable to Section 66 of the A.P. Court Fees and Suits Valuation Act or in the Alternative to the inherent Power of the Court.

(3.) We are of the Opinion that this is a case where equity requires that the Court Fee shall be refunded. This Office objection is therefore overruled.