Mohan and others vs R. Balaram and others

Ramaswaimi, J.—This is an application for the issue of a certificate for refund under the following circumstances:

S. R. No. 17754 (First appeal against O. S. No. 33 of 1955 on the file of the Sub-Court, Vellore) was sought to be filed in the pauper form. That application was rejected and the petitioner was directed to pay the requisite court-fee and prosecute the appeal for which time was given and it was also made clear that if the court-fee was not paid within the time prescribed, the memorandum of appeal will stand rejected. The petitioner made a part payment of Rs. 300 towards the court-fee payable which came to Rs. 891-1-0 and then an application for extension of time for paying the balance of the Court-fee was made. This was ordered on 23rd January, 1958, in C. M. P. No. 469 of 1958 and two weeks time was granted for the payment of the balance of the court-fee due on the memorandum of appeal, on the failure of which the appeal was to stand rejected. Unable to pay the balance of the court-fee the appellants now apply for refund of the court-fee paid on the memorandum of appeal on the ground that they were not able to pay the balance of the court-fee within the time allowed and therefore the appeal has become infructuous.

The point taken is covered as conceded by the learned Advocate Mr. Rama, swami, appearing on behalf of the Government by my decision in V.B. Krishnamurthi Vs. V.B. Krishnanda Mudaliar, . This is a fit case for the issue of refund certificate for enabling the petitioners to apply to the revenue authorities for ex gratia refund as in the case of spoiled stamps as the appeal has not been numbered. I may point out here that the policy of the Legislature that refund in such cases is just and equitable is indicated by S. 66 (1) of the Madras Court-fees and the Suits Valuation Act, 1955. In the case cited I have followed the decision in Rachakonda Nagaratnam V.B. Krishnamurthi Vs. V.B. Krishnanda Mudaliar,

This petition is ordered and a certificate for refund of court-fee paid is directed to be issued as prayed for.