SYED SAKHAWAT HOSSAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE only point for consideration in this petition is whether the petitioner is entitled to a refund of the court-fee paid on the memorandum of appeal under the following circumstances :

(2.) THE petitioner was defendant No. 3 in Money Suit No. 241 of 1954 in the Court of the learned Additional Subordinate Judge, Cuttack. In his decree the learned Judge directed that the petitioner (defendant No. 3), defendant No. 1 and defendants 4 to 4/d should pay to the plaintiff the sum of Rs. 13000/- as claimed, with some extra amount. THE petitioner (defendant No. 3) alone filed the present First Appeal No. 12 of 1948 with a court-fee of Rs. 268-12 nP. valuing the appeal for the purpose of court-fee at Rs. 2000/-.