- (1.) RAM Niwas brought a suit for the recovery of Rs. 16,000/- on the basis of a promote against Krishan Sarup Oberoi. This suit was decreed by the trial Judge. Against that decree the defendant came here an appeal and the same was heard by us. We reversed the decision of the trial Judge and directed the District Judge to nominate another Judge for bearing the arguments de novo and decide the case. We bad made it clear that no further opportunity would be given to the parties to lead evidence.
(2.) THE appellant has made this application under Section 13 of the Indian Court-fees Act, 1870, read with Section 151 of the Code of Civil Procedure, for a certificate directing refund of the court-fee amounting to Rs. 1564/-, which he had paid on the appeal filed in this Court and which we had disposed of as mentioned above. It was stated in the application that the case was remanded for no fault of the applicant and he was, therefore, entitled to be refund of the court-fee paid on the memorandum of appeal.
(3.) ON this application, we issued notice to the opposite party as well as the State of Punjab. This application is being opposed by the State of Punjab. The argument raised fey the counsel for tee State is that a refund can be ordered only if the case is covered by the provisions of Section 13 of the Court-fees Act. The relevant portion of the said section reads: "if an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure, is ordered, to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in Section 351 of the same Code for a second decision by the lower Court, the Appellate Court shall grant the appellant a certificate, authorising him to receive back from the Collector the full amount of fee paid on the memorandum of appeal: Provided x x x x";