Recovery case.
Advocate M J
(Querist) 12 March 2012
This query is : Resolved
Good Evening Members
thanks for ur guidelines in regard to my recovery case for withdraw of the case by the plaintiff.
Now has instructed by the learned members under sec 23 of cpc i can file for withdraw of the suit in regard of recovery case. in this section can i claim for the refund of the court fee paid by plaintiff. will he be liable for the full amount paid by him or is thr any other section for withdrawn of the case and plaintiff claim for the full amount of court fee.
thanks
Adv.R.P.Chugh
(Expert) 12 March 2012
Section 16 of the Court fees act - talks about Refund of fee.-Where the Court refers the parties to the suit to anyone 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 paid in respect of such plaint.
Since your case wasn't settled by ADR - you are not entitled to the same.
ajay sethi
(Expert) 12 March 2012
if you want to withdraw recovery suit filed by you court will grant you refund as per rules .
if issues have not been framed andyou want to withdraw suit you may get refund of 2/3rd of court fees paid in maharashtra
V R SHROFF
(Expert) 13 March 2012
court fees is refundable to the permitted extent [ abt 15-25% deduction depending upon stage of hrg]
Deepak Nair
(Expert) 13 March 2012
Yes. You can apply forrefund of court fee.
