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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Sunder Singh – Appellant
Versus
Ramesh Chand – Respondent
| Table of Content |
|---|
| 1. refund of court fees upon withdrawal of suit with settlement. (Para 1 , 2) |
| 2. interpretation of statutory provisions regarding court fees. (Para 3 , 4) |
| 3. modification of lower court's order for full refund. (Para 5) |
| 4. disposition of pending applications. (Para 6) |
JUDGMENT :
HARKESH MANUJA, J.
1. By way of present revision petition, prayer has been made for setting aside of order dated 17.02.2023 (Annexure P-3) passed by the ld. Presiding Officer Daily Lok Adalat-cum-Civil Judge (Junior Division), Palwal, whereby, the prayer made on behalf of the petitioner-plaintiff for refund of remaining 50% of the Court Fees affixed on the plaint has been declined.
2. The short plea raised on behalf of the petitioner is that the suit for declaration and possession by way of specific performance as well as permanent injunction filed by the petitioner-plaintiff against the respondent was dismissed as withdrawn in view of a settlement arrived at between the parties before the ld. Daily Lok Adalat at Palwal with a direction to refund 50% of the Court fees. However, it has been submitted that in view of the law laid down by the Hon’ble Apex Court in case of “ Jage Ram vs. Ved Kaur and
Full court fee is refundable upon settlement at Lok Adalat, as per Sections 16 and 21 of relevant Acts.
The legislative intent of Section 16 of the Court Fees Act is to provide an incentive for parties to resolve disputes amicably and obtain a full refund of court fee, irrespective of the stage of the ....
Refund of court fees is only warranted where a formal compromise or settlement occurs, not based on post-execution statements lacking actual settlement.
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....
Parties settling disputes out of court are entitled to court fee refunds, promoting amicable resolutions and ensuring equal treatment under the law.
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....
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.
Refund of court fees is permitted under Section 16 of the Court Fees Act when disputes are settled outside of court, inclusive of all forms of settlements as interpreted by the Supreme Court.
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