[2025:RJ-JP:42700-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Application No. 152/2025 M/s Shubam Enterprises, And Ors. ----Petitioner Versus M/s Firm Manohar Lal, Mitthan Lal ----Respondent For Petitioner(s) : Mr. Rakesh Kumar with Ms. Priyanka Chauhan For Respondent(s) : HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 15/10/2025 1. The present application has been preferred by the applicant for refund of the court fee paid in DB Civil First Appeal No.253/2023. 2. The facts of the application are that against the order dated 25.02.2020 passed by the Commercial Court No.2, Jaipur Metropolitan the applicant/appellant preferred a D.B. Civil First Appeal No.253/2023, wherein, the court fee to the tune of Rs.1,84,000/- was paid. The said appeal was allowed by the Court vide its order dated 08.05.2025, and while setting aside the impugned judgment and decree dated 25.02.2020, the matter was remanded back to the commercial court. 3. Learned counsel for the applicant states that although the matter was remanded back by this Court to the Commercial Court, however due to inadvertence the prayer for refund of court fee could not be made. In view of Section 62 of the [2025:RJ-JP:42700-DB] (2 of 3) [CMAP-152/2025] Rajasthan Court Fee and Suits Valuation Act, 1961, the appellant is entitled for refund of the Court fee, and therefore the present application has been preferred. It is also stated that after remand, the Commercial Court has again decreed the suit vide order dated 16.07.2025, against which the applicant/appellant has already preferred this Civil First Appeal. Hence, the prayer is also made to adjust the court fee against the court fees in the said first appeal. 4. It is seen that this Court vide its order dated 08.05.2025 allowed the first appeal of the applicant/appellant and remanded back the matter to the commercial court. Section 62 of the Rajasthan Court Fee and Suits Valuation Act, 1961 reads as under:- “62. Refund in cases of remand.- (1) Where a plaint or memorandum of appeal which has been rejected by the lower Court is ordered to be received, or where a suit is remanded in appeal for a fresh decision by the lower Court, the Court making the order or remanding the appeal may direct the refund to the appellant of the full amount of fee paid on the memorandum of appeal and, if the remand is on second appeal, also on the memorandum of appeal in the first appellate Court, and, if the remand is on an appeal from the judgment of single Judge of the High Court of Rajasthan under any law for the time being in force, also on the memorandum of second appeal and memorandum of appeal in the first appellate court. (2) where an appeal is remanded in second appeal or in an appeal from the judgment of a single Judge of the High Court of Rajasthan under any law for the time being in force, for a fresh decision by the lower appellate Court, the High Court remanding the appeal may direct the refund to the appellant of the full amount of fee paid on the memorandum of second appeal if the remand is in second appeal and of the full amount of fee paid on the memorandum of second appeal, and the memorandum of appeal from the judgment of a single Judge of the High Court of Rajasthan under any law for the time being in force, if the remand is on such latter appeal: Provided that, no refund shall be ordered if the remand was caused by the fault of the party who would otherwise be entitled to a refund: Provided further that if the order of remand does not cover the whole of the subject-matter of the suit, the refund shall not extend to more than so much fee as would have been originally payable on that part of the subject-matter in respect where of the suit has been remanded.” [2025:RJ-JP:42700-DB] (3 of 3) [CMAP-152/2025] 5. In view of Section 62, the applicant/appellant is entitled for refund of the Court fee when the matter is remanded back in appeal for fresh decision by the lower court. Although, the applicant/appellant should have made the prayer for the Court at the time of adjudication of the first appeal No.253/2023 decided on 08.05.2025, however nevertheless when the applicant/appellant is entitled for refund in the light of Section 62, we deem it appropriate to allow the present application and order for refund of court fee of Rs.1,84000/- paid in DB Civil First Appeal No.253/2023. 6. Accordingly, the application stands allowed. 7. Registry is directed to do the needful within a period of four weeks. (BALJINDER SINGH SANDHU),J (DR. PUSHPENDRA SINGH BHATI),J Sunita/25