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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 63/2026 & I.A. No. 13432/2026

VIKAS DAGAR .....Plaintiff

Through: Mr. Mohit Verma, Advocate.

(M): 8130239300

Email: mohitv36000@gmail.com

versus

VIKAS TOKAS .....Defendant

Through: Mr. Moksh Arora with Mr. Hardik

Vashisht, Advocates.

(M): 9999061836

Email: hdkvashisth@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 14.05.2026

I.A. No. 13432/2026

1. The present application has been filed seeking refund of the Court Fee

paid by the plaintiff in the present suit.

2. Issue notice. Notice is accepted by learned counsel appearing for the

defendant, who objects to the same.

3. He relies upon the judgment passed by this Court in the case of

Mahaveer Tiwari Versus Ramvir Sharma, 2023 SCC OnLine Del 7997

4. This Court takes note of the aforesaid judgment in the case of

Mahaveer Tiwari (Supra), wherein, it has been held as follows:

“xxxxxxxxx

7. 6.1. In this regard, he has relied upon the order dated 12.02.2008 passed

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The Order is downloaded from the DHC Server on 25/06/2026 at 21:00:03

by this Court in IA No. 5920/2006 filed in CS (OS) No. 1365/2005, titled as

‘Devender Pratap Singh v. Land Mark Infracon Pvt Ltd’, the relevant

portionoftheorderreadsasunder:

“1. This applicationis made by the plaintiff in adisposedof suit

under Section 151 CPC for refund of the Court fee paid by the

plaintiff. Plaintiff had filed this suit seeking cancellation of sale

deed registered as a document no. 6789, Book No. 1, Volume

No. 2033 pages 33 to 49 dated 9.5.2005. When the suit was

takenup,itwasfoundthatthesuitwasnotmaintainableandthe

plaintiff was told that the suit was not maintainable. Plaintiff

sought time on 12^th February, 2006 to cite certain judgments to

show that suit was maintainable and thereafter on 13^th

February, 2006, plaintiff's counsel made a statement in the

Court that the suit suffers from a technical defect and he wishes

to withdraw the suit with liberty to file a fresh suit after

removing the objection and stating complete and required facts.

Thesuitwasdismissedaswithdrawnandlibertywasgranted.

2. Plaintiff had not filed any fresh suit after removing objection

and filed this application for refund of Court fee. There is no

provision in law for refund of Court fee where plaintiff seeks

towithdrawthesuit.Itissettledlawthatapersonwhofilesthe

suit, must be careful and vigil. The suit must be filed only if

there is a cause of action and a right has accrued in favour of

the plaintiff. If the suit is filed without cause of action and

without there being any right in the plaintiff, the suit is liable

to be dismissed. The plaintiff in such a case is not entitled for

refundofCourtfee. The very purpose of the Court Fee Act is to

see that frivolous suits are not filed in the Court and those who

fileclaimmustfirstascertaintheirrightscarefullyandthenonly

levy Court fee. If some one files claim casually without

ascertaining his rights, he is bound to suffer the loss of Court

fee.”

(EmphasisSupplied)

xxxxxxxxx”

5. This Court also notes that the provision for refund of Court Fee, i.e.,

Section 16 of the Court Fees Act, 1870 (“Court Fees Act”), does not provide

for refund of Court Fee at the time of withdrawal of the suit.

6. Accordingly, in view of the aforesaid, this Court is not inclined to

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This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 25/06/2026 at 21:00:03

pass any order with respect to refund of the Court Fee paid by the plaintiff.

7. At this stage, learned counsel appearing for the plaintiff submits that

he is not the main counsel and requests for an accommodation for today.

8. Accordingly, at request, list on 10^th July, 2026.

MINI PUSHKARNA, J

MAY 14, 2026

c

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This is a digitally signed order.