KIRAN ELECTRICALS Vs. STATE BANK OF INDORE

JUDGEMENT

(1.) This is an application praying for refund of court-fees under Section 13 of the Court-fees Act.

(2.) The material facts giving rise to this application briefly are as follows:-- The applicant, aggrieved by the judgment and decree dated 8th May, 1980, passed by the learned Additional District Judge, Indore, in Civil Suit No. 5-B of 1976, had filed an appeal in this Court, which was registered as First Appeal No. 81 of 1980. A Divisional Bench of this Court by its judgment dated 18th July, 1981, allowed the appeal and remanded the case to the trial Court under Order 41, Rule 23-A, C.P.C. The applicant has now filed this application praying that as the suit has been remanded, the court-fees paid by him on the memorandum of appeal be directed to be refunded to the applicant in accordance with the provisions of Section 13 of the Court-fees Act.

(3.) Having heard the learned counsel for the applicant, we have come to the conclusion that this application deserves to be rejected. The learned counsel for the applicant conceded that while remanding the case to the trial Court, this Court had acted in exercise of the powers conferred by Order 41, Rule 23-A of the Civil P. C. Section 13 of the Court-fees Act, which deals with refund of court-fees paid on the memorandum of appeal, expressly provides that refund shall he ordered when the suit is remanded on the grounds mentioned in Order 41, Rule 23, C.P.C. Section 13 of the Court-fees Act is, therefore, not attracted. It was however urged on behalf of the applicant that refund of court-fees could be directed in exorcise of the inherent powers of this Court. Reliance was placed on the decision of a learned single Judge of this Court in Goverdhandas v. Bhaiyya-lal (1963 MPLJ (SN) 250).