Refund in cases of remand.

1. (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 shall, where the whole decree is reversed and the suit is remanded, and may in other cases direct the refund to the appellant of the full amount of fee paid on the memorandum of appeal, and, if on second appeal the case is remanded to the trial Court, also on the memorandum of appeal in the first appellate Court.

1. (2) Where an appeal is remanded in second

appeal for a fresh decision by the lower appellate Court, the High Court when remanding the appeal may direct the refund to the appellant of the full amount of fee paid on the memorandum of second appeal.

1. (3) Notwithstanding anything contained in sub-sections (1) and (2) 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 of the fee as would have been originally payable on that part of the subject matter in respect of which the suit has been remanded: Provided that no refund shall be ordered if the remand was occasioned by the fault of the person who would otherwise be entitled to a refund.