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Harbans Singh Vs. State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberCivil Misc. Appln. No. 16 of 1958
Judge
Reported inAIR1959Raj105
ActsCourt-fees Act, 1870 - Sections 13; Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 23
AppellantHarbans Singh
RespondentState of Rajasthan
Appellant Advocate Chandmal, Adv.
Respondent Advocate Kansingh, Deputy Govt. Adv.
DispositionApplication allowed
Excerpt:
- .....under section 13 of the court-fees act paid on the memorandum of appeal filed in this court in civil appeal no. 28/1955 which was decided on 3rd february, 1958. the appeal was against thejudgment and decree of the senior civil judge, ganganagar dated 3rd february, 1955 passed in civil suit no. 21 of 1952.2. the decree of the said senior civil judge was set aside by this court on a preliminary point, namely, that there was misconduct of the arbitrator and, therefore, the award made by him was not binding on any of the parties. the arbitration agreement was superseded and the case was remanded with the direction as to how further proceedings should be taken by the lower court. the judgment of the lower court proceeded on the basis that there was no misconduct of the arbitrator and the.....
Judgment:
ORDER

1. This is an application for refund of court-fee under Section 13 of the Court-fees Act paid on the memorandum of appeal filed in this Court in Civil Appeal No. 28/1955 which was decided on 3rd February, 1958. The appeal was against thejudgment and decree of the Senior Civil Judge, Ganganagar dated 3rd February, 1955 passed in Civil Suit No. 21 of 1952.

2. The decree of the said Senior Civil Judge was set aside by this Court on a preliminary point, namely, that there was misconduct of the arbitrator and, therefore, the award made by him was not binding on any of the parties. The arbitration agreement was superseded and the case was remanded with the direction as to how further proceedings should be taken by the lower court. The judgment of the lower court proceeded on the basis that there was no misconduct of the Arbitrator and the award was binding on the parties.

3. The case is directly covered by Section 13 of the Court-fees Act inasmuch as the decree of the trial Court proceeded on a preliminary point which was reversed by this court in appeal and the case was remanded for further proceedings. The certificate is therefore, granted to the applicant (appellant) authorising him to receive back the full amount of the court-fee filed in this Court on the memorandum of appeal in Civil Regular 1st appeal No. 28 of 1955.


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