BHATIA BROTHERS Vs. I T C LIMITED

JUDGEMENT

(1.) This order will dispose of Civil Miscellaneous Nos. 594/C-I and 595 /C-I of 1980 which contain the same question of law. The facts in the order are being given from C. M. No. 594/C-I of 1980.

(2.) M/s I. T. C Limited-respondent No. 1 instituted a suit for recovery of rupees 25 lakhs and oddagainst the petitioners and J. L. Bhatia, respondent No. 2 in the Court of Sub-Judge 1st Class, Ludhiana. The suit was decreed against the petitioners on the ground that Mr. Gordhan K. Bhatia failed to appear in pursuance of the order of the Court. The petitioners came up in appeal against the judgment and decree of the trial Court to this court which was accepted by me vide judgment dated January 29, 1980 and the case was remanded to the trial Court for deciding the matter afresh after recording the statement of Mr. Bhatia. The petitioners have now filed an application under Section 13 of the Court fees. Act (hereinafter referred to as the Act) for issuing a certificate authorising them to receive back from the Collector the full amount of court fee stamp paid on the memorandum of appeal.

(3.) It is contended by the learned counsel for the petitioners that the case was remanded by this Court under Order 41 Rule 23-A of the code of Civil Procedure 1908(hereinafter referred to as the Code) for deciding the matter afresh. According to him, the petitioners are entitled to the refund of the Court-fee under Section 13 of the Act as the case has been remanded by this Court.