SHANTABEN JERAMBHAI CHAVDA SMT Vs. LALLUBHAI JERAMBHAI CHAVDA
LAWS(GJH)-1979-12-15
HIGH COURT OF GUJARAT
Decided on December 11,1979

SHANTABEN JERAMBHAI CHAVDA Appellant
VERSUS
LALLUBHAI JERAMBHAI CHAVDA Respondents

JUDGEMENT

S.H.SHETH - (1.) . This civil revision application has been filed by the appellants in the First Appeal against the order of the Taxing Officer refusing the refund of Court-fees under sec. 15 of the Bombay Court-fees Act 1959
(2.) The plaintiff filed the suit for partition and accounts against his brother and mother. The learned trial Judge passed preliminary decree in the suit. Thereafter accounts- were taken and final decree was passed by the trial Court. It was challenged by the defendants in First Appeal No. 872 of 1977. By its final order this Court remanded the case to the learned trial Judge for deciding afresh on merits. The defendants-appellants- thereafter made an application under sec. 15 of the Bombay Court-fees Act 1959 for refund of Court-fees paid by them on the memorandum of appeal. The Taxing Officer dismissed the application. It is that order which is challenged under sec. 4 of the Bombay Court-fees Act 1959 in this civil revision application.
(3.) Under sec. 15 of the Bombay Court-fees Act 1959 refund of Court-fees paid on the memorandum of appeal can be ordered inter alia only if the plaint has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure 1908 or if a suit is remanded in appeal on any of the grounds mentioned in Rule 23 of Order 41 in the First Schedule to the Code of Civil Procedure for a second decision by the lower Court. In the instant case the plaint was not rejected by the lower (Court on any of the grounds mentioned in the Civil Procedure Code. The first part of sec. 15 therefore is not attracted to the instant case.;


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