Maharashtra Court Fees Act: Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court

 Section 15 in Maharashtra Court-fees Act.

15. Refund of Fees paid on memorandum of appeal-

If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure 1908, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in rule 23 of Order XLI in the first Schedule to the same Code for a second decision by the lower Court, the Appellate court shall grant to the appellant a certificate, authorising him to receive back from the Collector or by way of e-payment, in the manner as prescribed by rules the full amount of fee paid on the memorandum of appeal:Provided that if, in the case of remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorise the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.

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