Under what circumstances court fee can be refunded? Explain

(1) Introduction

Court Fees Act is a fiscal statute. Its main object is to secure revenue for benefit of state. However, court fee is considered a matter between state and suitor. Therefore, object of this Act is not to arm some litigant with weapon of technicality to harass his/her opponent. This Act has not only provided provisions for computation of court fee in different cases, but has also provided provisions for refund of court fee in different situations. Its Sections No. 10, 11, 13, 14 and 15 are about refund of court fee.

(2) Refunding Of Court Fee

Following sections of Court Fees Act are important for explanation of refund of court fee:

(i) Section No. 10

(ii) Sub-section (2) of Section No. 11

(iii) Section No. 13

(iv) Section No. 14 Section No. 15

 

(i) Section No. 10

If investigation has been made under Section No. 9 of Court Fees Act and court finds in result of this investigation that net profits have been wrongly estimated or market-value has been wrongly estimated and estimation has been excessive, court can refund that excess, which has been paid as court fee.

(ii) Sub-section 2 Of Section No. 11

When in any suit, which is referred to in sub-section (1) of Section No. 11 of Court Fees Act, court fee, which has been paid, is found to be in excess of that amount of fee, which would be payable if this suit had been valued at that amount, which has been decreed, decree-holder is entitled to refund of this excess of court fee, which he/she has paid.

(iii) Section No. 13

If an appeal or plaint, which has been rejected by lower Court on any of those grounds, which have been mentioned in Code of Civil Procedure, is ordered to be received or if suit is remanded in appeal on any of those grounds, which have been mentioned in Rule 23 of Order XLI of Civil Procedure Code for a second decision by lower court, appellate court is to grant to appellant a certificate, which is to authorize him/her to receive back from collector that full amount of fee, which has been paid on memorandum of appeal.

(iv) Section No. 14

When application for review of judgment is presented on or after ninetieth day from date of decree, court can grant applicant a certificate, and this certificate is to authorize him/her to receive back from collector so much of that fee, which has been paid on application as exceeds that fee, which would have been payable had application been presented before such day. However, court cannot grant such certificate when delay was caused by applicant’s laches.

(v) Section No. 15

When application for review of judgment is admitted, and when, on rehearing, court reverses or modifies its former decision on ground of mistake in law or fact, applicant is entitled to certificate from court, and this certificate is to authorize him/her to receive back from collector so much of fee, which has been paid on application, as exceeds fee payable on any other application to such court under second schedule to Court Fees Act, No. 1, clause (b) or clause (d).

(3) Conclusion

To conclude, it can be stated that Court Fees Act has described certain situations where court fee can be refunded. However, it is only court, which can grant refund of court fee.

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