STATE OF UTTAR PRADESH versus PT. CHANDRA BHUSHAN MISRA

STATE OF UTTAR PRADESH versus PT. CHANDRA BHUSHAN MISRA

Rules framed by the High Court and approved as required have the same force and effect as if contained in the first schedule of the Code; the refund under section 13 of the Court Fees Act 1870 is attracted even where the remand is made under Order XLI Rule 23 as amended by the High Court.

Parties
Appellant: STATE OF UTTAR PRADESH; Respondent: PT. CHANDRA BHUSHAN MISRA
Jurisdiction
India
Judgment Date
06 November 1979
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court's Decision in Second Appeal
Outcome
Appeal dismissed
Legal Topics
Effect and Status of High Court Amended Rules Under Code of Civil Procedure, Refund of Court Fees on Remand, Interpretation of Procedural Statutes
Civil Procedure Effect and Status of High Court Amended Rules Under Code of Civil Procedure Refund of Court Fees on Remand Interpretation of Procedural Statutes

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Parties

STATE OF UTTAR PRADESH

Appellant

PT. CHANDRA BHUSHAN MISRA

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court's Decision in Second Appeal

Legal Issues

  1. 1 Whether rules framed by the High Court under Code of Civil Procedure 1908 have the same force as if originally enacted in the Code
  2. 2 Whether refund of court fees can be ordered under section 13 of the Court Fees Act 1870 where a remand is made under Order XLI Rule 23 as amended by a High Court

Ratio Decidendi

Rules framed by the High Court and approved as required have the same force and effect as if contained in the first schedule of the Code; the refund under section 13 of the Court Fees Act 1870 is attracted even where the remand is made under Order XLI Rule 23 as amended by the High Court.

Court Disposition

Appeal dismissed

Orders

  • The question was rightly answered by the Full Bench of the Allahabad High Court.
  • Refund of court fees under section 13 Court Fees Act 1870 is permissible where remand is under Order XLI Rule 23 as amended by the High Court.