Refund of court-fees on withdrawal of suit

Respected Lawyers,

Kindly resolve my query related to refund of court-fees on withdrawal of lawsuit.

Brief Facts of the Case: I instituted a summary civil suit under Order XXXVII of CPC in the Court of Civil Judge (Senior Division) in Vashi(Navi Mumbai) in the state of Maharashtra. I had filed the suit with the court's registry on Sept,13th of 2017. I was told by the staff at court's registry that first hearing of my case will be on September, 27th of 2017. In the meantime, I informed the defendant (opposite party) that I have filed the case against him. On September, 26th the defendant paid the amount claimed by me in the suit thereby requesting to withdraw the case. I couldn't attend the hearing at the Court on Sept, 27th. The matter has been posted for 22nd Novemeber.

My Query is as follows :-

1. Can I move an application for withdrawing the lawsuit? I have paid the court-fees but yet to pay the process fee.

2. Under which provision of civil procedure code can I apply to the Court for withdrawing the lawsuit ?

3. Can court fees paid by me during the institution of lawsuit be refunded in case the court permits me to withdraw the suit ? (I paid Rs. 3,200/- towards court-fees while filing the case)

4. How much court-fees can be refunded if court-fees are paid via fees impressed on stamp paper of Rs. 3,000/- ? Remaining Rs. 200/- was paid by adhesive court-fee stamps.

5. Will I have to move a separate application for refund of court-fees? Which provision of Bombay Court Fees Act, 1959 needs to invoke while moving an application for refund of court-fees?

Thanks & Regards,
Vishal Saha (Party-in-person/Plaintiff)

Retired employee.

Let the other party go to Legal Services authority.  Get compromise award through LSA, once the compromise award is given, court fee has to be returned.



File an simple application that matter is settled out of court and request the court for disposal of matter being withdrawn,


Court fees of 2/3 amount will be refunded by court.

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