HARVILAS Vs. TULSIRAM

JUDGEMENT

(1.) THIS is a petition under Section 13 of the Court Fees Act, 1870 (for short, the 'Act'), read with Section 151 of the Code of Civil Procedure, for refund of Court fee paid in excess by the plaintiffs/appellants on the memorandum of Second Appeal No. 39 of 1983, decided on 8 -8 -1983, and on the memo of Civil Appeal No. 188A/81, decided by the District Judge, Shivpuri, on 7 -2 -1983, between Harvilas and others and Tulsiram and others.

(2.) THIS Court dismissed the second appeal summarily, observing thus : - -

(3.) IN view of the order passed in revision, the petitioners/plaintiffs had no option but to amend the plaint and to pay the ad valorem Court fee on Rs. 14,000/ -. Hence, an application for amendment under Order 6, Rule 17, Civil Procedure Code, was filed. The trial Court returned the plaint with the application for amendment for filing of the suit with the amendment application in the Court of District Judge, Shivpuri. The District Judge passed the order allowing amendment. The petitioners paid the ad valorem Court fee on Rs. 14,000/ -. The order of allowing amendment was challenged by the defendants before this Court in revision, which was allowed and the order allowing amendment was set aside, then, again the suit remained for Rs. 3400/ - only, hence, the District Judge sent the case back to the Court of Civil Judge, Class 2, Shivpuri.