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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Sri Maha Ganapathi Temple – Petitioner
Versus
P. Muthukumar – Respondent
C.R.P. No. 112694 of 2022
Decided On : 24-01-2023
Civil Procedure Code, 1908 – Section, 115 – Expression any case which has been decided includes any order made or any order deciding an issue – Revision petition is filed questioning order passed on memo filed by petitioner in O.S. – Based on memo, Additional District Court at Coimbatore, dismissed Suit as not pressed – Held, However, revision petitioner has to file a petition seeking refund of Court Fee under relevant provisions and in event of filing any such petition, Competent Court shall consider same and pass appropriate orders on merits and in accordance with law – Thus, petitioner is at liberty to file an appropriate petition seeking refund of Court Fee and such a petition is to be disposed of as expeditiously as possible – Petition disposed.
ORDER :
Prayer: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the order dated 07.07.2022 passed by the III Additional District Judge, Coimbatore on the file of the O.S. No. 766 of 2020 refusing to grant the Court Fee paid by this petitioner and allow this Civil Revision Petition.
1. The revision petition is filed questioning the order passed on 07.07.2022 on the memo filed by the petitioner in O.S. No. 766 of 2020. Based on the memo, the III Additional District Court at Coimbatore, dismissed the Suit as not pressed.
2. The learned counsel for the petitioner states that the petitioner is entitled for refund of Court Fee, since the Suit was not taken up for trial as no evidence recorded.
3. However, the revision petitioner has to file a petition seeking refund of Court Fee under the relevant provisions and in the event of filing any such petition, the Competent Court shall consider the same and pass appropriate orders on merits and in accordance with law. Thus, the petitioner is at liberty to file an appropriate petition seeking refund of Court Fee and such a petition is to be disposed of as expeditiously as possible.
4. Accordingly, the Civil Revision Petition in C.R.P. No. 112694 of 2022 stands disposed of. No costs.
Point of law :Recall of compromise decree - Application for recalling of a compromise decree has to be filed only before the Court that had recorded the compromise in terms of Order XXIII Rule 3(a) o....
Section 70 of the Act comes into play only when there is no adjudicatory process.
A revision petition regarding inadequacy of court fee is not maintainable when jurisdiction is not in question, as it is deemed a dispute between the litigant and the Registry.
Amendments to court fee applications should be allowed if they do not cause prejudice to the other party.
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