Procedure for refund of court fees.
Adv. Hemangi Jade
(Querist) 17 September 2014
This query is : Resolved
Dear Experts,
In the matter of Specific Performance of Contract upon the Application of the Defendant the Court has passed an Order that the Plaint is rejected under Order 7 rule 11 of CPC as the same is barred by the provisions of Order 2 Rule 2 of the CPC.
In the said matter the Plaintiff has also filed his Evidence.
Kindly guide that at this stage can Plaintiff request to the Court for refund of Court Fees as the amount is substantial? If yes, what will be the procedure for the same?
Thanking you in anticipation.
ROHIT SHARMA
(Expert) 17 September 2014
1. If the plaint is rejected on the grounds of failure of the plaintiff to include whole claim in the plaint, yet to bring the suit within the jurisdiction of the court he can relinquish such portion of the whole claim as provided u/O 2 Rule 1.
2. I think the order to reject the plaint u/O 7 Rule 11 on such ground of order 2 Rule 2 is improper. The only disadvantage to the plaintiff will be that he will be precluded from to sue for the part of the relinquished claim at a later stage.
3. If the plaint is rejected then the court fees is recoverable for which the plaintiff has to make a motion u/s 151 C.P.C. before the same court to allow the refund of the court fees.
