Under the proviso to Section 13 of the Court Fees Act, 1870, where the remand does not cover the whole…
The proviso to s.13 says the certificate shall not authorise refund of "more than so much fee as would have been originally payable on the part or parts" of the…
Choose your answer
Under the proviso to Section 13 of the Court Fees Act, 1870, where the remand does not cover the whole subject-matter of the suit, the certificate shall authorize refund only of:
Answer and explanation
Correct answer B
The proviso to s.13 says the certificate shall not authorise refund of "more than so much fee as would have been originally payable on the part or parts" of the subject-matter in respect of which the suit has been remanded. The refund is proportioned to the part sent back, not the whole appeal fee, and not the fee on the part finally decided.