WEEK 6th: PROVISIONS RELATING TO REFUND OF COURT FEE AND PROCEDURE

PROVISIONS RELATING TO REFUND OF COURT FEE AND PROCEDURE 

SYNOPSIS:

1.PROVISIONS RELATING TO REFUND OF COURT FEE AND PROCEDURE ,,,,SECTION 13,14,15 

2. PROCEDURE OF REFUND

3.GROUNDS OF REFUND

4.CRITICAL ANALYSIS

5.CONCLUSION

Refund of fee paid on memorandum of appeal.– 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 to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal:

      Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.

14.   Refund of fee on application for review of judgment.– Where an application for a review of judgement is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant’s laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day.

15.   Refund where Court reverses or modifies its former decision on ground of mistake.– Where an application for a review of judgement is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the application] as exceeds the fee payable on any other application to such Court under the second schedule to this Act, No. 1, clause (b) or clause (d).

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