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1941 Supreme(Mad) 327

ABDUR RAHMAN


JUDGMENT

Abdur Rahman, J.

1. This is a revision against an order refusing an application for the grant of a certificate in respect of court-fee paid by the plaintiff to the extent of Es. 183-14-0 on the 11th January, 1939, in the following circumstances. A suit for money due on a hypothecation bond was instituted by the plaintiff in the Court of the District Munsif of Cuddalore. The plaint had a stamp of rupee one to start with, but it appears that a stamp of Es. 70 was paid later on while the suit was pending. The plaint should have had a stamp of the value of Rs. 254-14-0. There was thus a deficit of Rs. 183-14-0. Since the plaintiff did not make up this deficiency, his plaint was rejected on the 9th January, 1939. Two days later he applied for a review of this order by I.A. No. 139 of 1939, and along with this application for review he tendered the deficit court-fee of Rs. 183-14-0; but his application was rejected on the 25th April, 1939. The petitioner therefore asked for a certificate authorising him to receive the refund of court-fee. This was refused on the ground that if the sum of Rs. 71 which was paid by him when the suit was pending could not be refunded to him the sum of

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