Rucha Pawar (legal executive) 04 June 2022

Refund of court fees

Dear Sir(s),

We had filed a Specific performance suit, as the property was sold to subsequent purchasers , now there arrives a settlement in between us . So my query is that how do we settle the matter to claim 100% Court fees refund.
In suit our Exh-5 was argued before the earlier judge , after argument the judge was changed , so i think it will be considered as Argument completed , so whether the stage ofcase matters in the refund of court fees . how do we claim 100% court fess and settle the matter.Kindly guide in the matter.

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2 Replies

G.L.N. Prasad (Retired employee.) 04 June 2022

Approach to legal services authority let the settlement get award status, and they will ensure such refund after the award is registered and on receiving withdrawal petition signed by both counsels.

Dr J C Vashista (Advocate) 05 June 2022

Certificate for refund of "unused" shall be issued by the Court as to how did you settle the dispute i.e., whether in either of the 4 modes of ADRs (alternate dispute resolutions) as provided in Section 89 of the Code of Civil Procedure, 1908 or "out of Court" or Lok Adalat or any other mode

Court fees shall be refunded after deduction of 10% plus proportionate proceeding already conducted by the Court u/s 16 of The Court Fees Act, 1870, which reads as:"

Section 16 in the Court-fees Act, 1870

16. Refund of fee.—Where the Court refers the parties to the suit to any one of the mode of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (5 of 1908), the plaintiff shall be entitled to a certificate from the Court authorising him to receive back from the collector, the full amount of the fee paid in respect of such plaint.

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