If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the 1Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in section 351 of the same Code, for a second decision by the lower Court, the Appellate Court shall grant 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 _------------------------------------------
1. See now the Code of Civil Procedure, 1908 (5 of 1908).
THE COURT-FEES ACT,1870 13 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.
COMMENTS
(i) It has been held that refund of court-fee could be ordered even where a case is remanded under the amended provisions of Order XLI, rule 23 of the Code of Civil Procedure; State of Uttar Pradesh v. Chandra Bhushan Misra, AIR 1980 SC 591.
(ii) It has been held that where a suit is transferred to the High Court under clause 13 of Letters Patent court-fee cannot be refunded; The Official Receiver, Coimbatore v.
Sar Gounder, AIR 1980 Mad 269.