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Can we do any request for fully or partly court fee return?


22-Dec-2023 (In Property Law)
Hi, I had to recovery suit against my family which is withdrawn by us this month. Payment transaction was done in 2003 & 2004 by bank from Nederland. Case was two years in Tis Hazari and judge has also said about the mediation with the counter party. They don't want to pay back to me and rejected the proposal for the mediation. Because of our stupidity this month we withdrawn the case and judge has this decided to not return the fee. My question is can we do something to make the request for fully or partly court fee return? if yes what it could be. Thank you in advance for your help!
Answers (5)

Answer #1
759 votes
In your case to understand the nuances, you need to consult first.

Preliminary opinion: Can always challenge the Order and cam also file a complaint for fruad, cheating etc but can only advice properly if you state the facts more elaborately.
Answer #2
709 votes
As you have mentioned that you have withdrawn your recovery suit because you have withdrawn so before coming to the conclusion whether you have right to file a Suit against them for this purpose you have to mention the order of the court whether the suit has been withdrawn with liberty to file fresh suit or not means if you have taken the liberty to file fresh suite only in that case you can take further action
Answer #3
944 votes
Dear Sir,

You are entitled to refund of the court fee if the matter was settled. However, you are not entitled to the amount of court fee if the matter was withdrawn simpliciter. Therefore, we would have to look at the final order to advise the course of action.
Answer #4
606 votes
As per the Delhi Court Fees Act, 50% of Court Fees can be refunded if the suit is settled prior to framing of issues / trial. You can move an application under the said provision and seek refund of court fees.
Answer #5
534 votes
Hi

will glad to help you. Yes if Court send a matter for settlement under section 89 of the CPC and matter gets settle, person has a right to take his court fee back. There is a provision for refund of court fee to the litigant in case of settlement.

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.

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