Amendment status not verified — confirm the current text below against the official source.
Refund of fee 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 (5 of 1908), is ordered to be received, or if a suit is remanded in appeal under Order XLI, Rule 23, of the First Schedule to that 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 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 authorise the appellant to receive back more than so much fees as would have been originally payable on the part or parts of such subject matter in respect whereof the suit has been remanded.