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ARCHANA PURI
Chandigarh Royal City – Appellant
Versus
Joginder Singh – Respondent
| Table of Content |
|---|
| 1. context of the original suit and compromise (Para 2 , 3 , 4) |
| 2. petitioner's appeal against court fee refund denial (Para 5 , 6) |
| 3. statutory basis for court fee refund (Para 7 , 8) |
| 4. court's obligation to order refund despite prior omission (Para 9 , 10 , 11 , 12) |
| 5. final ruling on court fee refund entitlement (Para 13) |
JUDGMENT
Archana Puri, J.
Challenge in the present revision petition is to the order dated 15.05.2019 passed by learned Court below, whereby, an application filed by the petitioner-plaintiff, thereby, seeking refund of Court fee, has been dismissed.
2. The background facts, as culled out, from the paper-book are that, initially , Civil Suit No.626-2014 , titled as ' Chandigarh Royal City v. Joginder Singh and another' was filed for seeking possession by way of specific performance and also sought permanent injunction.
3. However, during the pendency of the suit, a compromise was effected between the parties on 19.12.2017, copy whereof, has also been placed on record as Annexure P-7. In view of the aforesaid compromise, the parties expressed their intention, not to proceed further with the suit and hence, the suit was dismissed as withdrawn, being co
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 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....
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 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 ....
A lawful compromise between parties in a civil suit leads to case disposal and entitles the appellant to a court fee refund as per applicable law.
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