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SUDESH BANSAL
Prakash – Appellant
Versus
Saroj Devi – Respondent
ORDER
1. This first appeal is filed assailing the judgment and decree dated 15.12.2020 passed by learned Special Judge, NDPS Act Cases, Hanumangarh passed in Original Civil Suit No.126/2016, whereby and where under, the civil suit for specific performance filed by respondent-plaintiff was decreed.
2. The first appeal was admitted for hearing on 23.03.2021 and during course of hearing, execution of the impugned decree was stayed.
3. The appellant has filed an application (No.1/21) purportedly under Section 151 CPC, alleging inter-alia that appellant and respondent have settled their dispute out of court, following the spirit of Lok Adalat.
4. It has been prayed that in view of above, the first appeal may be allowed to be withdrawn and the court fees of Rs.20,380/-paid by the appellant in first appeal may be refunded.
5. The counsel appearing for respondent does not opposes the application. However, since appeal was admitted for hearing and stay was granted but on seeing withdrawing of appeal at the stage of hearing on the point of refund of court fee, issue is being examined.
6. In order to seeking refund of court fees, after settlement of dispute out of court, a reliance has been placed
Parties settling disputes out of court are entitled to court fee refunds, promoting amicable resolutions and ensuring equal treatment under the law.
Court fees should be refunded even when cases settle out of court, promoting private dispute resolution methods, which supports judicial efficiency.
Section 16 of the Court Fees Act, 1870 allows for the refund of court fees in specific circumstances, including when parties settle their dispute outside the Court.
The court recognized that out-of-court settlements enable parties to claim court fee refunds, treating them equitably with formal dispute resolution methods, thus promoting judicial efficiency.
The judgment establishes the principle that Section 89 of CPC and Section 16 of Court Fees Act should be interpreted liberally to encourage out-of-court settlements and provide incentives for parties....
Court Fee - provisions under Section 69A of the Kerala Court Fees and Suit Valuation Act, 1959 regarding refund of court fee in case where the dispute is settled under Section 89 of the Code of Civil....
The court affirmed the right to court fee refunds upon referral to arbitration, emphasizing that such a referral entitles plaintiffs to refunds irrespective of arbitration outcomes.
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