MEGHRAJ Vs. KHETARAM

JUDGEMENT

(1.) THIS is a reference by a learned single Judge on an application for refund of court-fees filed by the appellant in a second appeal whose appeal was dismissed summarily.

(2.) THE facts leading up to reference lie in a very narrow compass. After the appellant's appeal was dismissed in limine by an order of the learned single Judge dated the 10th December, 1965 ( the date 15th March, 1966, which has been mentioned in the order as the date of the dismissal of the appeal appears to be wrong for the 10th December, 1965), the appellant applied under s. 61 of the Rajasthan Court Fees and Suits Valuation Act, 1961 ( Act No. 23 of 1961, herein after called the Act) that the court-fee paid by him on the memorandum of appeal filed by him in this Court be refunded, [the appeal having been dismissed under O. 41 r. 11 C. P. C. THE learned single Judge seems to have himself recognised, and, in our opinion, rightly, that no hard and fast rules can be laid down for refund of court-fees in cases of this type. He, however, felt persuaded to make the present reference as he was of the opinion that it would be desirable if generally speaking, a uniform practice were to be adopted in this regard. This is how the present reference has come before us.