Refund of court fee in cases settled before Lok Adalat in accordance with the provisions of the Court Fees Act, 1870, Code of Civil Procedure, 1908, and Legal Services Authorities Act, 1987.

JUDGMENT

Avneesh Jhingan, J. (Oral) - The present revision petition has been filed being aggrieved of the order dated 10.9.2018, passed by Additional District Judge, Jind (for short, 'Appellate Court') dismissing the application of the petitioner (plaintiff in the suit) for refund of court fee.

2. The facts in brief are that a suit for possession by way of specific performance in respect of a plot measuring 96 square yards (details mentioned in the head note of the plaint) on the basis of agreement to sell dated 3.6.2014 was filed by the petitioner. The suit was dismissed vide judgment and decree dated 31.3.2018. Aggrieved of the dismissal, the petitioner preferred an appeal.

3. During the pendency of the appeal, the matter was referred to Lok Adalat and was amicably settled there. On the basis of settlement arrived at before the Lok Adalat, a statement was made that the petitioner is not interested in pursuing the appeal and a request was made for refund of the court fee, which was declined by the Appellate Court. Hence the present civil revision petition.

4. Learned counsel for the petitioner states that as the matter has been settled before the Lok Adalat, the court fee attached with the appeal be ordered to be refunded.

5. Learned counsel for the respondents has no objection.

6. Heard learned counsel for the parties and perused the paper book.

7. For the purpose of deciding the controversy, it would be appropriate to refer to the relevant provisions of the Court Fees Act, 1870 (for short, 'the 1870 Act'), the Code of Civil Procedure, 1908 (for short, 'CPC') and Legal Services Authorities Act, 1987 (for short, 'the 1987 Act'). The same are extracted below:

"Section 16 of the 1870 Act

16. Refund of fee.- Where the court refers the parties to the suit to any one of the mode of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908 the plaintiff shall be entitled to a certificate from the court authorizing him to receive back from the Collector, the full amount of the fee paid in respect of such plaint.

Section 89 of the CPC

89. Settlement of disputes outside the Court.- (1) Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for-

(a) arbitration;

(b) conciliation;

(c) judicial settlement including settlement through Lok Adalat; or

(d) mediation.

(2) Where a dispute has been referred-

(a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act;

(b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of subsection (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other provisions of that Act shall apply in respect of the dispute as referred to the Lok Adalat;

(c) for judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act;

(d) for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.

Section 21(1) of the 1987 Act

21. Award of Lok Adalat.- (1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under subsection (1) of Section 20, the court-fee paid in such case shall be refunde