SHRILAL Vs. GAJANAND

JUDGEMENT

(1.) THIS is an application by Shrilal for refund of court fee under sec. 13 of the Court Fees Act.

(2.) THE facts leading to this application may be briefly narrated. Shrilal was a defen-dand in a suit filed against him by Gajanand and another. THE suit was decreed by the trial court. Shrilal came in appeal to this Court and his main argument was that he had not been allowed sufficient opportunity to cross-examine the witnesses for the plaintiffs, and the court should, therefore, remand the suit for further hearings. THE argument prevailed in this Court, and the decree of the trial court was set aside, and the suit was remanded with certain directions as to how the, trial court should proceed. THEreafter, the present application for refund has been made. THE contention of the applicant is that the remand order comes under O. XLI, r. 23, and he is, therefore, entiled to refund of court fee. In the alternative it is prayed than even if the order of remand comes under sec. 151 of the Code of Civil Procedure, this Court has the discretion to order refund of court fee, if it thinks fit in the circumstances of the case to do so.