MAYASANKAR VYASH VALLAVJI Vs. GOURI SANKAR MATILAL

JUDGEMENT

(1.) The appellants filed this appeal valuing the same at Rs. 10,081/8/- with court-fee stamps for Rs. 772/87-. On an objection raised by the Stamp Reporter a reference was made to the Taxing Officer under Section 5 of the Court-Fees Act. The Taxing Officer held that the valuation, as stated in the memorandum of appeal, was rot correct and the amount of court-fee paid was short by Rs. 660/-. The appellants were called upon to file the deficit court-fees of Rs. 660/-. They took time on several occasions but did not file the deficit court-fees.

(2.) The appellants have now intimated the Court that they have not been able to secure adequate funds and are not in a position to file the deficit court-fees. They have, accordingly, moved the Court for a direction to the office to return the memorandum of appeal along with the court-fees paid. The application is really one for refund of the court-fees paid on the memorandum of appeal.

(3.) We have heard the petitioners and the Senior Government Pleader.