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2019 (10) TMI 1285 - SC - Indian LawsMaintainability of petition - appeal dismissed on the ground of Jurisdiction - Refund of Court Fees - HELD THAT:- This application has been rejected only on the ground that the appeal has been disposed of on merits. We are unable to agree with the High Court. What has been disposed of is only the rejection order under Order VII Rule 10 of the Code of Civil Procedure. This is no order on the merits of the suit. The effect is that the plaint has been ordered to be returned to be filed in the appropriate Court. Therefore, the petitioner was entitled to refund of the court fees so that he can fix the court fee in the State where he would like to file the suit. The order of the High Court is set aside - it is directed that the entire court fees be refunded to the petitioner - SLP disposed off.
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