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ash83 (Business)     30 December 2024

Court fee refund on withdrawal of suit before issues /evidence

Dear all.

I had Paid 1lk court fees in civil suit declaration, injunction and possession. 

 

For certain reasons.  I want to withdraw the os suit. (Not compromise). The stage is still hearing stage of injunction . No issues or evidence is started.

How much court fee will I get in case of withdrawal .please help with answer.



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     30 December 2024

If you withdraw a suit or settle it out of court before any evidence has been recorded, you can get a refund of half of the court fees. 

If you settle the dispute through an ADR mechanism under Section 89 of the Code of Civil Procedure (CPC), you can get a refund of the entire court fee..

If you settle the dispute by private agreement between the parties, you can get a refund of half of the court fees. .

Dr. J C Vashista (Advocate )     30 December 2024

Before commencement of evidence you shall be refunded with 1/2 of the fees paid in terms of Section 16A of the Court Fees Act, 1870.

Section 16A of the Court Fee Act, 1870 provides for refund of court fees on settlement before hearing “whenever by agreement of parties –

  • Any suit is dismissed as settled out of court before any evidence has been recorded on the merits of the claim; or
  • Any suit is compromised ending in a compromise decree before any evidence has been recorded on the merits of the claim; or
  • Any appeal is disposed of before the commencement of hearing of such appeal; half the amount of all fees paid in respect of the claim or claims in the suit or appeal shall be ordered by the Court to be refunded to the parties by whom the same have been respectively paid.”
1 Like

P. Venu (Advocate)     30 December 2024

Court Fees, to my knowledge, is a State subject and each State has its own norms.

1 Like

ash83 (Business)     30 December 2024

Thanks you all.  I want to withdraw the suit due to some technical defects in plaint. In this case will.i get refund. 

T. Kalaiselvan, Advocate (Advocate)     30 December 2024

You have been explained about the process of law in this regard hence you can enquire about a such further issues with your advocate 

1 Like

Dr. J C Vashista (Advocate )     31 December 2024

What is the issue left unanswered despite the fact you did not mention about the opinion and advise of the lawyer engaged by you for institution of the subject suit ?

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