K OBUL REDDY Vs. V NAGAIAH

JUDGEMENT

(1.) Order : The Civil Revision Petition is directed against the order of the learned District Munsir, Kanigiri rejecting the application of the plaintiff for refund of the court-fee paid on the plaint.

(2.) The petitioner-plaintiff filed the suit for recovery of damages for malicious prosecution against the defendant. Though initially court-fee paid was insufficient, later the required court-fee was paid. On the ground that no suit lies against the defendant in his individual capacity as the cause of action arose against him in his capacity as the Sarpanch of the Gram Panchayat, the plaint was rejected without numbering the same. Thereafter the petitioner filed 1A.A. 1125/83 for refund of court-fee of Rs. 186/- paid on the plaint. The learned District Munsif dismissed that application.

(3.) Sri S. Ranga Reddy, learned counsel for the petitioner, submits thatt as the plaint was rejected even without numbering, the petitioner-plaintiff is entitled for refund of the court-fee paid on the plaint. I am afraid I cannot accede to the submission of the learned counsel. Section 63 (1) of the A.P. Court-Fees and Suits Valuation Act, 1956, which deals with the refund of court-fee, teads as follows :