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CHAPTER II COMPUTATION OF FEES

Section 15: Refund of fee paid on memorandum of appeal

The Gujarat Court-fees Act, 2004

How current this text is

Text as published by India Code for the Government of Gujarat (Legislative and Parliamentary Affairs Department print, as modified up to 31 January 2024), with amendments up to Guj. 14 of 2016.

The marginal notes printed beside the clauses of section 6 and beside the second paragraph of section 34 are shown as small headings above the clause they label.

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, 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 in the First Schedule to the same 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 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 fee as would have been originally payable on the part or parts of such subject matter in respect whereof the suit has been remanded.

Questions on this section

1 question in 2 of our papers cite Section 15. Try these from the free papers:

  1. 1. A plaint in a civil suit was rejected by the trial court. On appeal, the appellate court sets aside the decree and remands the whole suit for a fresh decision on a ground mentioned in Rule 23 of Order XLI of the Code of Civil Procedure, 1908. Under Section 15 of the Gujarat Court-fees Act, 2004, the appellant is entitled to a certificate to receive back from the Collector:

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