1993 Supreme(AP) 379

Andhra Pradesh High Court
Judges : A.GOPAL RAO, V.SIVARAMAN NAIR
M.Dasarath - Appellant
Versus
K.Omprakash - Respondent
Decided On : 08-13-93

The power to grant refund in exceptional cases may be traceable to Section 66 of the A. P. Court Fees and Suits Valuation Act or to the inherent power of the court.

Headnote:

Refund - Court Fees and Suits Valuation Act - The court held that the power to grant refund in exceptional cases may be traceable to Section 66 of the A. P. Court Fees and Suits Valuation Act or in the Alternative to the inherent Power of the Court.

Fact of the Case:

The objection was raised by the Registry regarding the absence of a provision for refund of court fee in Chapter-VII of the A. P. Court Fees and Suits Valuation Act if the L. P. A. is numbered and dismissed as withdrawn.

Finding of the Court:

The court found that the power to grant refund in exceptional cases may be traced to Section 66 of the A. P. Court Fees and Suits Valuation Act or to the inherent power of the court. The objection raised by the office was overruled based on equity.

Issues: Objection raised by the Registry regarding the absence of a provision for refund of court fee in Chapter-VII of the A. P. Court Fees and Suits Valuation Act.

Ratio Decidendi: The power to grant refund in exceptional cases may be traceable to Section 66 of the A. P. Court Fees and Suits Valuation Act or to the inherent power of the court.

Final Decision: The office objection was overruled, and it was held that equity requires the court fee to be refunded.