Refund of court fee
rajendra
(Querist) 17 February 2012
This query is : Resolved
Section 89 of Code of Civil Procedure read with Section 16 of Court fee Act provides for refund of court fee in full to the party paid the court fee. In case of money decree obtained by plaintiff and defendant challenging the same in High court and settlement is arrived as per Section 89 of CPC, whether plaintiff will also be entitled to refund of court fee paid on the plaint in the trial court as the defendant gets the refund of court fee paid on the appeal memorandum in the appeal ?
Please also give any case law on this point if found.
Nadeem Qureshi
(Expert) 17 February 2012
Dear Rajendra
As per my opinion, no. the court fees can be return only before the decree or judgement of the case. wait and watch, other experts post their opinion soon.
feel free to call
Khaleel Ahmed Mohammed
(Expert) 17 February 2012
Court fee will be refunded only if the court has mentioned the same about the refund of paid court fee in the judgement.
venkatesh Rao
(Expert) 17 February 2012
Refund of court fee is permitted if the suit is disposed of before recording of evidence started. Once the evidence starts, no refund is allowed even if the suit ends in compromise or withdrawn as not pressed etc.,
If the appeal is disposed of settled, only appellant is allowed refund; and not the plaintiff in suit.
ajay sethi
(Expert) 17 February 2012
where are you located in maharashtra we have high court rules which contain detailed provisions as far as refund of court fees .
in your case money suit has been decreed . at the stage of passing of decree court must have epassed orders refund as per rules .
your lawyer will do the needful and obtain refund of court fees as may be premissible
Kiran Kumar
(Expert) 17 February 2012
I agree with Mr. Sethi....in fact every high court has its own rules and regulations for refund of court fee.
you are definitely entitled to refund, see the rules and proceed accordingly.
