RADHAKISHAN Vs. MOHANLAL

JUDGEMENT

(1.) This is an application for refund of Court-fees under S.13 of the Court fees Act filed by the successful appellant in first Appeal No. 1/70 (Radhakishan v. Mohanlal) which was allowed by Order dated 16-11-87 whereby the judgment and decree of the trial Court have been set aside and the case has been remanded to the trial Court with the direction to re-admit the suit under its original number and to proceed to determine the suit afresh.

(2.) Section 13 of the Court-fees Act, 1870 in so far as, it i material is as follows : -

(3.) Section 351 of the C.P.C. of 1859 read as follows : -