Skip to content


Lalta Prasad and ors. Vs. Raja Sheoraj Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported inAIR1920All54; 57Ind.Cas.26
AppellantLalta Prasad and ors.
RespondentRaja Sheoraj Singh and ors.
Excerpt:
court-fees, overpayment of, on appeal to high court - high court, power of, to order refund--procedure. - - the appellant must go to the collector of the district and apply for a refund there, and as the overpayment has clearly been made, there can be no doubt that the refund will be ordered by the collector.order1. the office report is clear and, in our opinion, correct. in first appeal no. 364 of 1915 there has been an overpayment of court-fee to the extent of rs. 160. this court has no power to direst a payment of this amount. the appellant must go to the collector of the district and apply for a refund there, and as the overpayment has clearly been made, there can be no doubt that the refund will be ordered by the collector. so far as court fee paid on the other appeal in which the decree of the first court was set aside and the case was reminded to that court for trial de novo, the appellant is entitled under the law to a refund of the court-fee of rs. 215 paid by him in that appeal. we, therefore, direct that rs. 215 be refunded to him.
Judgment:
ORDER

1. The office report is clear and, in our opinion, correct. In First Appeal No. 364 of 1915 there has been an overpayment of Court-fee to the extent of Rs. 160. This Court has no power to direst a payment of this amount. The appellant must go to the Collector of the district and apply for a refund there, and as the overpayment has clearly been made, there can be no doubt that the refund will be ordered by the Collector. So far as Court fee paid on the other appeal in which the decree of the first Court was set aside and the case was reminded to that Court for trial de novo, the appellant is entitled under the law to a refund of the Court-fee of Rs. 215 paid by him in that appeal. We, therefore, direct that Rs. 215 be refunded to him.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //