NAGAMANI Vs. SPECIAL DEPUTY COLLECTOR L A

JUDGEMENT

(1.) The matter comes up before us on an office Note regarding refund of Court fee. Four Cross objections were preferred by the petitioners against the compensation granted by the lower Court. All the Cross-objections were out of time and in one Cross-objection i.e., SR. No. 64081/85 there is a petition to condone the delay.

(2.) On 13-3-1986, the petitioners filed four petitions to direct the Office to refund the Court fee under Section 63 of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 saying that they are withdrawing the Cross-objections at the SR stage. On this, the Office put up a note that Section 63 has no application since the appeals are not rejected by the Court.

(3.) The technical objection raised by the Office that no refund can be made unless the Cross-objections are rejected presents no problem as they are before us now. We reject the Cross-objections as three of them are not presented within time and in one the delay is not properly explained. Then the questioned for consideration is whether the Cross-objectors are entitled for refund of Court fee under Section 63 of the Act. Section 63 of the Court Fees Act is as follows :