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1985 Supreme(MP) 547

RAM PAL SINGH
SURESH KUMAR – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Ku.Shanti Shrivastava, R.K.Shinde

RAM PAL SINGH, J.

( 1 ) THE appellant has challenged that part of the order passed by the Additional Judge to the Court of District Judge, Shivpuri, in Civil Appeal No. 30-A of 1983 dated 25-3-1985, by which he has been refused the refund of the Court-fees, as provided in S. 13 of the M. P. Court-fees Act, 1870.

( 2 ) THE short facts out of which this appeal arises, are that the appellant filed a suit against the respondents in the Court of Second Civil Judge Class II, Shivpuri, being Civil Suit No. 104a of 1982. On 5-1-1983 this suit was dismissed. The appellant preferred an appeal in the Court of the Additional District Judge, Shivpuri. That appeal was disposed of by the first appellate Court and in paras 10 and 11 of the impugned judgment, the appellate Court framed 3 issues, quashed the judgment and decree passed by the trial Court and passed a wholesome remand order directing the trial Court to record the evidence of the parties on the issues according to law. It was also directed that the parties shall be at liberty to make amendments in their respective pleadings and adduce evidence. It was, thus, clearly a wholesome remand order. The appellant is not aggrieved by this order.






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