After disposal:
File a separate application before the same court requesting:
Certificate for refund of court fees
Mention that the matter was settled and disposed of by compromise
Attach:
Copy of compromise order/decree
Copy of court fee receipts
Vakalatnama copy (sometimes required)
Hi there, if the court has taken up the settlement on record and passed a dismissal order then you'll have to file an application in the same court for refund of the court fees.
If you have any questions feel free to contact me.
Yes , I I can help regarding your case , may I know what type of case was that and how much money you want to recover and do you have any evidence for that transaction amount. Pls do connect with me for further information
In civil law, court has a power to refund the court fee if the matter stands compromised or settled. However settlement is to be recorded by the court and then a separate application seeking refund of the court fees is to be filed. For any further query feel free to connect.
Thanks
Yes, refund of court fees is possible in many situations when a civil suit is settled outside court, but it depends on how the case is disposed of and the applicable Court Fees Act of the concerned state.
Generally, the process works like this:
If you have arrived at a settlement, you should file a joint application or a memo of compromise before the same court where the suit is pending, informing the court that the matter has been settled amicably and requesting disposal of the suit in terms of the settlement. The court will usually record the compromise under Order 23 Rule 3 of the CPC and pass an order disposing of the suit.
Once the suit is disposed of on the basis of settlement/compromise, you can apply for refund of court fees. Many states (through amendments to the Court Fees Act) allow full or substantial refund of court fees when matters are settled through compromise, mediation, Lok Adalat, or even private settlement reported to court.
Typically, you will need to:
• File an application for refund of court fees after the disposal order
• Attach a copy of the compromise order/judgment
• Attach proof of court fee paid (court fee receipt/stamp details)
The court will verify and issue a certificate/order directing the treasury or concerned authority to refund the eligible amount.
Important practical points:
• If you simply withdraw the suit without recording settlement, some states allow partial refund, while others may not allow refund at all.
• If the settlement is recorded by court or through ADR/Lok Adalat, chances of full refund are much higher.
• The exact percentage (100% or partial) depends on state rules.
So the correct approach is not to keep the settlement purely outside court — you should formally bring it on record and get the suit disposed of accordingly.
If you tell me which state the case was filed in, I can explain the exact refund rule applicable there.
Disclaimer: The above query and its response is NOT a legal opinion in any way
whatsoever as this is based on the information shared by the person posting the
query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to
address the specific facts and details.