TARACHAND GHANSHAMDAS Vs. ARADHAKRISHNA SUGAR MILLS LTD

JUDGEMENT

(1.) This application raises the very Important question of jurisdiction of this Court to grant a certificate for refund of Court-fee when a suit is transferred to this High Court under its Extra-Ordinary Original Civil Jurisdiction under Clause 13 of the Letters Patent. The law and the practice on this point have been at variance, and the practice of the Court itself has not been uniform.

(2.) This suit was instituted by the plaintiff on 21-12-1951 in the Court of the Subordinate Judge of Berhampore, Murshidabad for a declaration that the Debenture of Trust Deed dated 29-6-1938 constituted a first charge on the properties and assets of the defendant company and for other incidental reliefs for the enforcement of the Trust Deed and the Mortgage created thereunder. The suit was valued at Rs. 15,00,000/- and the Ad Valorem duty of Rs. 10,000/- was paid" thereon in Court-fees. Thereafter an application was made by the defendant company by its Liquidator for a transfer of that suit from Berhampore Court to this High Court. An order dated 19-3-1952 was made on that application by this Court transferring the Berhampore suit under Clause 13, Letters Patent to this High Court. The duty payable on the suit If it were instituted in this Court would have been Rs. 28/8/- only.

(3.) On these grounds the plaintiff now makes this application before me for a certificate for refund of the excess Court-fees paid by the plaintiff firm in Berhampore. It is contended that the difference between Rs. 10,000/- paid as Court-fees and Rs. 28/8/- being the fee in this High Court is the excess paid. It is this excess whose refund is now claimed.