If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the 1Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in 2 section 351 of the same Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal:

Provided that if, in the case of a 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 authorize 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.

STATE AMENDMENT

Orissa

Amendment of section 13.--In the Court-fees Act, 1870 (7 of 1870),--

(a) For the marginal heading to section 13, the following marginal heading shall be substituted, namely:--

"Refund of fee paid on memorandum of appeal and in cases where compromise or settlement has been arrived at by a Lok Adalat.";

(b) Section 13 shall be renumbered as sub-section (1) thereof and --

(i) In sub-section (1) as so renumbered, for the words and figures " the Code of Civil Procedure" and "section 351 of the same Code", the words and figures " the Code Civil Procedure, 1908" and "rule 23 of Order XLI of the First Schedule to the said Code" shall respectively be substituted; and

(ii) After sub-section (1) as so renumbered, the following new sub-section shall be inserted, namely:--

"(2) Where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub-section (1) of section 20 of the Legal Services Authorities Act, 1987 (39 of 1987), the Court by which the case was so referred to the Lok Adalat shall grant a certificate to the party or every party to the case who paid any court-fee in that case, authorizing him to receive back from the Collector the full amount of the fee so paid.".

[Vide Orissa Act 7 of 2002, s. 2]

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Footnote -

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).

2. This reference should now be read as applying to the corresponding provision of Act 5 of 1908, i.e., Order XLI, rule 23 of the First Schedule.