GOMATI BAI AND ANR. Vs. RAMDAYAL AND ORS.

JUDGEMENT

(1.) THIS is an application in revision against an order of the Civil Judge, First Class, Gwalior, rejecting the Applicant's prayer for refund of court -fees. The Applicants instituted a suit in the Court of District Judge, Gwalior, against Ramdayal for the dissolution of a partner -ship business and for the taking of partnership accounts. The suit was valued at Rs. 8000/ -. A preliminary decree passed by the District Judge on 11th April 1945 was ultimately upheld by the Nyaya Sabha of Madhya Bharat on 13th July 1919, in the mean -time there was an alternation on 1st April 1949 in the pecuniary jurisdiction of Civil Courts in the State and according to the new limits of pecuniary jurisdiction, the Court of Civil Judge First Class was empowered to try suits upto the valuation of Rs. 10,000/ -.

(2.) I have heard Mr. Bhagwandas Gupta learned Counsel for the Applicants and in my opinion this application must be dismissed. It is now well settled that the Court can order a refund of Court -fees (1) where the Court -fees Act applies, (2) where there is an excess payment by a mistake or (3) where, on account of the mistake of the Court, a party has been compelled to pay court -fees either wholly or in part. In cases not covered by the Court -fees Act, the Court exercises the inherent jurisdiction under Section 151, Code of Civil Procedure for ordering a refund of the Court -fees. See In re Chidambaram Chettiar : ILR 57 Mad 1028 : AIR 1934 Mad 566(A); Karfule Ltd. v. Arical Daniel Varghese : AIR 1953 Bom 73 (B) and Indu v. Secretary of State : AIR 1935 Cal 707 (C).

(3.) FOR the above reasons this revision petition is ejected. There will be no order as to costs of this petition.