AIR 1959 MADHYA PRADESH 181 ::1958 JabLJ 349 ::1958 MPLJ 704

Madhya Pradesh High Court

Hon'ble Judge(s): P. V. Dixit , J

(A) Civil P.C. (5 of 1908) , O.41 R.23, S.11— Effect of order of remand - Not open to party to raise question of court-fees in original Court again after remand - Decision, what constitutes. Court-fees Act (7 of 1870) , S.12— An order of remand implies reversal of the decision of the lower Court and reopens the whole case for retrial by the original Court except in regard to matters expressly or impliedly decided by the order of remand.(Para 2) For the purposes of S. 12 of the Court-fees Act. it is not necessary that there should be a formal or express decision. A decision may be implied in the circumstances of the case even though the question of the valuation was not distinctly raised and decided by the Court. The reason is that the Court can dispose of a suit or an appeal on merits only if it finds that the court-fee paid is adequate, and that, therefore, when a Court gives a decision on merits without an express adjudication on the question of court-fees, it must be taken that the court has found the court-fees paid as sufficient. The very fact that the Court accepted a plaint or a memorandum of appeal and disposed of it on merits amounts to decision that the court-fee paid is sufficient. On the principle of "res judicata', it is, therefore, not open to a party to raise again the question of court-fees in the....