PADAM CHAND Vs. RAM LAL

JUDGEMENT

(1.) THIS is an application by Padam Chand and his brothers under Section 13, Court fees Act, read with Section 151, Civil P. C., for a certificate for refund of court fee.

(2.) THE application has been opposed by the learned Government Advocate.

(3.) IT was argued by the learned Government Advocate that as there is nothing in the order of this Court dated 4 7 1949 granting to the applicants a certificate as provided by Section 13, Court fees Act, it should be deemed that this Court had disallowed the refund. From the mere fact of the absence of any order on the point it cannot, in my opinion, be concluded that my learned predecessor in office disallowed refund of court fee. It only appears that his mind was not directed towards this question. It follows therefore that the order of my learned predecessor is no bar to the disposal of the present application on merits.