Back
KSHITIJ SHAILENDRA
Chandra Prakash Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Kshitij Shailendra, J.
ON THE ISSUE OF REFUND OF COURT FEES IN A CASE OF REMAND
1. Heard Shri Rahul Sripat, learned Senior Counsel assisted by Shri Manoj Kumar Singh, for the appellants, Shri Ashish Kumar Singh, learned counsel for the contesting defendant-respondent, Shri Arun Kumar, learned counsel for respondent No. 4 and Shri Vinod Kumar Sahu, learned Additional Chief Standing Counsel for the respondent Nos. 1, 2, 3 and 5.
APPEAL AGAINST REJECTION OF PLAINT
2. The instant appeal arises out of rejection of plaint under Order VII Rule 11 C.P.C. on the ground that despite earlier order of the trial Court, the plaintiff has failed to deposit the ad valorem Court fees.
PREVIOUS PROCEEDINGS IN THIS APPEAL
3. On 18.11.2024, following order was passed:
2. When the matter was taken up, learned counsel for the appellants submitted that for non-payment of Court fees pursuant to determination of issues framed in that regard, plaint was rejected and in the instant first appeal, the appellants have deposited the entire Court fees
Upon remand, an appellant is not required to pay court fees again, as fees deposited in the appeal are sufficient for the original suit.
Section 70 of the Act comes into play only when there is no adjudicatory process.
Court fees submitted are not refundable if used but can be returned for re-filing in the appropriate court.
The court lacks power to refund court fees if withdrawn appeals do not meet statutory refund conditions under applicable acts.
Court fees must be paid for appeals as per the Court Fees Act; its proper valuation is crucial.
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....
The court established that litigants have an inherent right to a refund of court fees when their application is disposed of as infructuous, despite the absence of an explicit statutory provision for ....
Court fees should be refunded even when cases settle out of court, promoting private dispute resolution methods, which supports judicial efficiency.
Court fees must be refunded when a suit is dismissed due to lack of jurisdiction, establishing a right to full refund in such cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
