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ALKA SARIN
Banwari Lal – Appellant
Versus
Mool Chand – Respondent
ORDER
Alka Sarin, J. (Oral). - Present revision under Article 227 of the Constitution of India is to challenge the order dated 13.12.2021 passed by the learned Additional Civil Judge, Sr. Division, Kosli dismissing the application for refund of the court fees.
2. Brief facts relevant to the present case are that an application under Order 47 Code of Civil Procedure, 1908 (for short, 'CPC') for review of the judgment and decree dated 23.08.2021 was filed. It is stated in the application that at the time of the compromise and recording of the statement of the applicant, the applicant had specifically requested that the court fees to the tune of Rs.63,000/- be refunded. However, inadvertently, the finding qua refund of court fees was not mentioned in the judgment and decree dated 23.08.2021. The trial Court vide impugned order dated 13.12.2021 dismissed the said application holding that since the suit was not withdrawn but was decreed in terms of the compromise, hence no refund of court fees could be ordered.
3. Learned counsel for the petitioner has relied upon judgments passed by this Court in Surender Kumar Vs. Hans Raj Mandi [2021(2) RCR (Civil) 851]; Pritam Singh Vs. Ashok Kumar [20
The main legal point established in the judgment is that court fee can be refunded to the parties where a compromise/settlement has taken place even outside the Court, in line with the intention behi....
The judgment emphasizes the requirements for refund of court fees under Section 16 of the Court Fees Act, 1870, and highlights the legislative intent for settlement of cases by alternative dispute re....
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