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2003 Supreme(Ker) 753

P.R.RAMAN
Vasudevan V A – Appellant
Versus
State of Kerala – Respondent


ORDER

P.R. Raman, J.

1. The main question arises for consideration in this case is as to whether the petitioner is entitled for refund of the full court fee paid in the suit which was ultimately referred to the Lok Adalat and settled between the parties.

2. Suit O.S. 293/1999 on the file of the Principal Sub Court, Thalassery was filed by the petitioner as plaintiff for specific performance of the contract. The only contesting defendant was the 8th defendant in the suit; the right of the other defendants having been purchased by the 7th defendant during the pendency of the suit. Petitioner preferred two applications before the Court as 1577/2002 and I.A.1578/2002. I.A. 1577/2002 was an application seeking reference of the suit to the Lok Adalat organised by the Thalassery Taluk Legal Services Committee constituted under the Legal Services Authorities Act. That was allowed and the matter was referred. I.A.1578/2002 was an application filed under Section 16 of the Court Fees Act 1870 as amended by the Code of Civil Procedure Amendment Act, 1999 praying to refund the court fee already paid by him. However, no orders were passed an I.A. 1578/2002 at that time. The matter was settled betwe





















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