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2007 Supreme(Mad) 3278

V.RAMASUBRAMANIAN
Ranganathan – Appellant
Versus
In the Court of District Judge, Trichirapalli, Represented by its Sherishthar – Respondent


Advocates Appeared:
For the Petitioners:G.R. Swaminathan, Advocate. For the Respondent: Pala. Ramasamy, Spl.G.P.

Judgment :-

The petitioners filed a civil suit in O.S.No.227 of 2004 on the file of the Sub Court, Tiruchirappalli for specific performance of an agreement of sale and in the alternative for recovery of money. The suit was referred to Lok Adalat, where it ended in a compromise on 03.09.2006. In terms of the compromise, the petitioners received a sum of Rs.11,62,500/-. The Lok Adalat ordered the refund of Court fees in terms of Section 21 of the Legal Services Authorities Act, 1987.

2. Therefore, the petitioners filed necessary application before the Trial Court for refund of the full Court fee. But the Civil Court ordered refund of only half the Court fee. Therefore, the petitioners have come up with the present writ petition, seeking a direction for refund of the balance Court fee.

3. Heard Mr.G.R.Swaminathan, learned counsel for the petitioners and Mr.Pala.Ramasamy, learned Special Government Pleader for the respondent.

4. The question that arises for consideration in this writ petition is as to whether a person whose case is settled before the Lok Adalat, is entitled to refund of half the Court fee paid or the full Court fee paid in the suit or other proceeding?

5. The right to refun































































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