Law: Court-fees Act (VII of 1870)

Section: 17

Law: Civil Procedure Code (V of 1908)

Section: 151, 17

  Court Fees Act (VII of 1870)  S. 17 and Civil Procedure Code (V of 1908), S. 151-Excess court -fee paid under S. 17, Court Fees Act--Refundable under S. 151, C. P. C.-Inherent powers of Court under S. 151, C. P. C., held, can be invoked to make order for refund.-[Court-feel]. Hirabai Cowasji v. Faqir Muhammad A I R 1927 Sind 190 ; Chidam baram Chettiar's case A I R 1934 Mad. 566; Province of Madras v. Kalavakuru A 1 R 1949 Mad. 895 and Vishnuprasad Modi v. Narandas Mohanlal Modi A I R 1950 Born. 4 ref. Date of hearing : 24th September 1979.                                                                                                                                    JUDGMENT SAJJAD ALI SHAH, J.--This Letters Patent Appeal has been filed against the order of the learned Single Judge of this Court in Suit No. 204 of 1969, whereby prayer in the application under section 151, C. P. C. for refund of excess court-fees has been rejected. Brief facts are that appellants filed a suit for recovery of Rs. 1,32,960 and for the purposes of jurisdiction and court-fees the suit was valued as under :-- (a) for recovery of damages at Rs. 82,800; (b) for recovery of price paid, Rs. 48,000; (c) for recovery of interest, at Rs. 2,160. The appellants inadvertently valued the reliefs for recovery of amount mentioned above separately for the purposes of court-fees and paid court fees in the total sum of Rs. 4,025 whereas under the .theme of section 17 of the Court Fees Act, 1970. the appellants were liable to pay court-fees on the aggregate of Rs. 1,32,960 which comes to Rs. 2.455. After realizing excess in payment of court-fees, the appellants made an application under the section 151, C. P. C. to the Court for refund of Rs. 1,570 which was paid erroneously in excess. The learned Single Judge passed order on this applica tion .which is…