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HIGH COURT OF KARNATAKA
LALITHA KANNEGANTI J
B.R. KHALEEL AHAMMED – Appellant
Versus
STATE OF KARNATAKA DEPARTMENT OF LAW – Respondent
| Table of Content |
|---|
| 1. petitioner contests trial court's refusal to refund court fees after withdrawal. (Para 1 , 2) |
| 2. section 66(a) of kcf & sv act cited for refund eligibility based on withdrawal. (Para 3) |
| 3. court clarifies distinctions affecting court fee refunds. (Para 4 , 5) |
ORAL ORDER
Aggrieved by the order dated 15.07.2019 on the memo filed by the counsel for the plaintiff dated 07.03.2019 in O.S.No.219/2014 on the file of the Senior Civil Judge & JMFC, Virajpet, the plaintiff is before this Court.
2. The petitioner/plaintiff has filed suit in O.S.No.
219/2014 against the respondent seeking for defamation. Thereafter, he wanted to withdraw the suit and he came up with a memo stating that the plaintiff is not interested to continue the suit. Hence, he has filed the memo "not pressed" and the suit may be dismissed and to refund the entire court fees in the suit. That came to be dismissed by the trial Court by the order impugned, wherein the trial Court observed that in the memo, it is not stated that the dispute is settled between the plaintiff and the defendant either by invoking section 89 of CPC or by way of settlement outside the Court. Chapter VII consisting of Sections 63 to 6
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