Court-fees Act,1870
Act No : 7
Section : Refund of fee paid on memorandum of appeal
13. 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 2* Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in 3* section 351 of the same Code, for a second decision by the lower Court, the Appellate Court shall grant ------------------------------------ 1 Clause (iii) rep. by Act 12 of 1891. The clause was as follows:-- "Section 180 of the Code of Civil Procedure shall be construed as if the words 'the market-value of any property or' were inserted after the word 'ascertaining', and as if the words 'or annual nett profits' were inserted after the word 'damages'." 2 See now the Code of Civil Procedure, 1908 (Act 5 of 1908). 3 This reference should now be read as applying to the corresponding provision of Act 5 of 1908, i.e., Order XLI, rule 23 of the First Schedule. 23 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.
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