Section 13 of CFA : Section 13: Refund Of Fee Paid On Memorandum Of Appeal

Explanation using Example

Example Application of Section 13 of The Court-Fees Act, 1870

Imagine a scenario where Mr. Sharma files a lawsuit against Mr. Gupta in a lower court, but the court rejects the plaint citing a procedural defect under the Code of Civil Procedure. Mr. Sharma then appeals to a higher court, and the appellate court finds that the lower court's rejection was incorrect and orders the plaint to be received for consideration.

In this case, Mr. Sharma had paid a court fee for filing the memorandum of appeal. According to Section 13 of The Court-Fees Act, 1870, the appellate court will grant Mr. Sharma a certificate that allows him to claim a refund of the full amount of the fee he paid for the appeal from the Collector.

This provision ensures that if an appeal is successful in overturning an erroneous rejection or if a case is remanded back to the lower court for a fresh decision, the appellant is not penalized by the loss of the court fees paid for the appeal.