took the view that refund of Court Fee companyld be ordered under section 13 of the Court Fees Act, even where the remand was made under the amended provisions of Order XLI Rule 23.
Thereafter the application was heard by the Full Bench companysisting of Jagdish Sahai, Pathak and Kirty, JJ.
Pathak and Kirty JJ.,
From the Judgment and Order dated 20 12 1967 of the Allahabad High Court in Second Appeal No.
The application came before G. C. Mathur, J., who entertained a doubt whether section 13 of the Court Fees Act applied to a case of remand under the provisions of Order XLI Rule 23 Civil Procedure Code as amended by the High Court and referred the question for the companysideration of a Full Bench.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
N. Dixit and O. P. Rana for the Appellant.
Ex parte for the Respondent.
The 1132 successful appellant before the High Court filed an application under section 13 of the Court Fees Act, 1870 claiming a refund of the Court Fees Act, 1870 claiming a refund of the Court fee paid in the Second Appeal.
2614 of 1969.
3105 of 1963.
The order of remand was made under the provisions of Order XLI Rule 23 of the Civil Procedure Code 1908, as amended by the Allahabad High Court.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. A second appeal under section 100 of the Code of Civil Procedure 1908 was allowed by the Allahabad High Court and the matter was remanded to the Lower Appellate Court for fresh disposal in accordance with law point.
