STATE OF HARYANA Vs. MADHO PARSHAD

JUDGEMENT

(1.) THIS is an application for refund of the Court -fee which was affixed on the cross-objections by the Applicants. The ground taken up therein is that the cross-objections were filed by the Applicants being the heirs and legal representatives of the deceased Respondent, but since the appeal, that is, Regular First Appeal No. 1605 of 1979, filed on behalf of the State of Haryana, was dismissed as incompetent, having been filed against dead persons, the cross -objections could not be entertained.

(2.) NOTICE of this application was given to the State of Haryana which contested the same.

(3.) AFTER hearing the learned Counsel for the parties, I am of the opinion that the Applicants are entitled to the refund of the Court -fee paid on their cross -objections. The decision of the Full Bench of this Court in Jawahar Singh's case (supra), is not applicable to the facts of the present case. Moreover, it has been held therein that the power of the Court to remit the Court-fee is confined only to fees which have been illegally or erroneously assessed or collected, and does not extend to fees which have been paid or collected in accordance with the provisions of the Court -fees Act. In the present case, the Applicants filed the cross -objections, but later on, it was revealed that the appeal itself was not' competent having been filed against dead persons and was dismissed as such.