Lalta Parsad v. Sheoraj Singh

1. Two points arise for settlement, viz., a deficiency in court-fee reported by the office, of Rs. 1,248 in First Appeal Lalta Prasad v. Raja Seoraj Singh presented on 7th February 1920 and a refund of court-fee in First Appeal No. 364 of 1915 and First Appeal No. 105 of 1917 amounting in all to Rs. 1,250. I hold that the court-fee deficiency of Rs. 1,248 must be made good. In regard to the application for refund of court-fees in the earlier cases I agree with the office report.

2. Let the matter be laid before the Court for orders.

3. 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 direct 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 fart as court-fee paid on the other appeal in which the decree of the first Court was set aside and the case was remanded 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.

V.B/R.K

4. Order accordingly.