DISCOUNT BANK OF INDIA Vs. A N MISHRA

JUDGEMENT

(1.) This petition raises the question whether an appellant who withdraws his appeal of his own free will is entitled to claim a refund of the court-fee paid by him.

(2.) The facts of the case are simple. The Discount Bank of India Limited, Delhi, brought a suit against one Mr. Misra for the recovery of a sum of Rs. 40,000/- odd but this suit was dismissed on 20-12-1949. On 18-4-1950 the Bank presented a Regular First Appeal in this Court from the order of dismissal. On 25-6-1951 the High Court at Bombay ordered that the Bank be wound up and in March 1953 the liquidator presented an application under Section 151, Civil P. C. in which it was prayed that he may be allowed to withdraw the appeal and that the court-lee paid by him be ordered to be refunded. The question is whether the request for the refund of the court-fee should be acceded to.

(3.) The power of the High Court to order a refund of the court-fee is limited to only three cases, namely, (1) when the statute itself authorises the refund; or (2) when an overpayment has been made as the result of a mistake; and (3) when an overpayment has been made as the result of a mistaken demand by the Court itself. Jawala Singh v. Ghulam', AIR 1933 Lah 351 (A); 'Om Parkash Gupta v. United Provinces', AIR 1951 All 205 (B) and 'In re Nagarathnam', AIR 1950 Mad 629 (C).