Recently, the Madhya Pradesh High Court ruled that a litigant is entitled to a refund of court expenses if the subject at question has been handled by the parties outside of Court, even without the use of Section 89 CPC.
The case of Dayaram v Smt Laxmi Agrawal Was led by learned Justice D.D. Bansal.
FACTS OF THE CASE
The parties to the lis apparently resolved their disagreement outside of court following the execution of the assailed order. Additionally, the defendant/appellant wanted to drop the initial appeal for the identical reasons. Given these facts, he requested a refund of the Rs.52,750 he had already paid in court fees for his initial appeal, and the Respondent did not object to this.
After reviewing the arguments of the parties and the evidence in the case, the Court narrowed the legal issue down to whether or not it had the authority to provide a refund of court costs under Section 16 of the Court Fees Act, 1870 in the conditions described above. The Court looked at the precedent set by other high courts and came to a definitive conclusion.
As a result, the Court ordered the Registry to provide a certificate authorising the Appellant to obtain the full amount of the court fee paid in relation of the first appeal from the Collector. The above ruling ends the appeal.
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Judgement reviewed by Deepa Bajaj.