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(Guest)

Refund of Court Fee

I filed a lawsuit under the wrong section. Can I get a refund of my process fee if case is withdrawn?
I paid Rs. 32340 so the amount is substantial. I am in Pune, Maharashtra and submitted my case in District Court Pune.
 



Learning

 12 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 October 2010

No you wont get therefund, instead of loosing the money why don't you amend the plaint I mean section.

1 Like

DEEPAK ASSOCIATES (08010117611)     16 October 2010

yes, Put up your case in Lok Adalat and pray for refund.


(Guest)

Dear Adv  Rajoo,
Amending the section makes sense to me! Can I do so although the notice has been sent through Section 80 CPC. How can I amend the section, do I have to meet the judge?
I had been to court today to ask if I can get my papers back to make some changes, they refused as expected. I guess there is a proper procedure for that. However if it can be done at all, I am more than happy to change the section as it solves my whole problem
thanks much,
Uma

Jayesh Bheda (Advocate)     17 October 2010

Merely citing a wrong section would not make your case bad. If the contentions and pleadings are properly are accordingly drafted you dont need to worry.


Moreever, if you wish to amend the plaint , you cannot ask the papers back. But need to apply under provision of order 6, rule 17 of Code of Civil Procedure for amendement of the plaint.  Once the application is granted, the court will allow you to carry out correction in the original plaint.

1 Like

Arvind Singh Chauhan (advocate)     17 October 2010

In addition to all above opinion, find here are the citation on this point-

A well settled law that mentioning of a wrong provision, or non mentioning of any provision of law would, by itself be not sufficient to take away the jurisdiction of a court if it is otherwise vested in it in law- SC-UAD-2009(2)-78, 450.- P.K.Palaniswamy V/S N. Arumugham & Others.

1 Like

(Guest)

Dear Adv Jayesh Bheda,
Thank you for explaining the procedure to amend the plaint.

Dear Adv Arvind, thank you for citing the relevant law, I guess sometimes ignorance of law (or section) is an excuse!

anil kumar (service)     17 October 2010

You may consider withdrawal of suit with permission to file a fresh suit by invoking provisions of Order 23 Rule 1 CPC thereby the question of limitation would also be protected in case of second suit. The court may also direct return of court fee depending upon the stage at which it is withdrawn. If the suit is not numbered you may take back the plaint and apply for refund of the value of Court fee paid on unused stamps by approaching the stamp authorities which is refunded subject to certain percentage of deduction (approx. 10%) within a period of six months of purchase. Else you may also consider using the same court fee stamps  as there is no period of validity of stamp paper for its usage as per the recent SC judgement. 

1 Like

Vinoba (Advocate)     17 October 2010

Hello Ms. Uma,

What Mr. Anilkumar says is correct.  I go by his answer.  

L. Vinoba

Advocate

Pondicherry.

1 Like

(Guest)

thank you for the replies, I am sticking with this current suit for now as I showed my appeal draft to an expert member here. If the reason should arise to withdraw or amend, I'm thankful to know in advance what steps to take.

Adv. Samar (Advocate)     18 October 2010

do as Jayesh Bheda has explained that is the right procedure...
1 Like

y haraharanathbabu (practing law)     18 October 2010

Dear Advocate brother,

It is better by amending the Plaint u/o 1 rule 10 for correction of correct section, otherwise we can get refund of C.F through the District Legal Service Authority.

Y. HARI HARA NATH BABU, Advocate, Nellore

1 Like

Jayesh Bheda (Advocate)     19 October 2010

Order 1, Rule 10 is for addition/deletion of parties to the suit, and wont be helpful and amending the plaint.

1 Like

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