M/S Punjab Handlooms v. Rai Bahadur Arcot Narrian Swamy
Case brief
What is this about?
A first appeal under Order XXI Rule 13 CPC was admitted. The appellant filed a memo stating the respondent had taken physical possession subsequent to the appeal filing, seeking dismissal as settled out of court. The court accepted this offer and dismissed the appeal, allowing refund of court fees.
What did the court decide?
The first appeal was dismissed as settled out of court, and the refund of permissible court fee was allowed.