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, 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 of the First Schedule to the Code of Civil Procedure (5 of 1908) 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 the full amount of fee paid on the memorandum of appeal.
Legal Commentary & Landmark Judgments: Section 13
Section 13 of the Court-Fees Act, 1870 mandates the refund of court fees paid on a memorandum of appeal where the appellate court remands the suit for retrial under Order XLI Rule 23 of the CPC.
This section mandates the full reimbursement of appellate court fees upon remand, ensuring litigants are not financially penalized for retrials necessitated by lower court errors.
When an appellate court remands a suit under Order XLI Rule 23 CPC, counsel for the appellant must make an immediate oral or written application praying for issuance of a refund certificate under Section 13. The certificate is presented to the District Collector for disbursement of the refunded fee.