AMBIKA RAJAN Vs. BASHEERA BEEVI

JUDGEMENT

(1.) The question of law involved in this Writ Petition is whether the decree holder in a suit for realisation of money is entitled to get refund of the court fee paid on the plaint, under Section 21 of the Legal Services Authorities Act, 1987, when the dispute between the parties In the Execution Petition is settled before the Lok Adalat.

(2.) The petitioner fled the suit against the respondents for realisation of Rs. 1,71,000/with interest on Rs. 1,50,000/-. The suit was decreed on 30.10.2001 The petitioner filed Execution Petition for realisation of the decree amount from the respondents by attachment and safe of their properties and by arrest and detention of the second judgment debtor in civil prison. The respondents entered appearance in the Execution Petition and filed objections. The parties submitted before the executing court that there was a possibility of settlement. Therefore, the Execution Petition was referred to the Lok Adalat organised by the Chirayinkeezh Taluk Legal Services Committee constituted under Section 19 of the Legal Services Authorities Act. Before the Lok Adalat the matter was settled between the parties and the respondents agreed to pay a sum of Rs. 1.25,000/- to the decree holder in full and final settlement of the case, A compromise petition was also filed by the parties. The compromise petition was accepted, Ext.P3 award dated 8-12-2007 was passed. The operative portion of the award reads as follows:

(3.) The petitioner/decree holder filed Execution Application in the Execution Petition before the executing court for refund of the court fee of Rs. 11,125/- paid by her as court fee in the suit The executing court dismissed that application by the order dated 20-8-2008, which is under challenge In this Writ Petition. The executing court held that no dispute involved in the suit was referred to the Lok Adalat, as the decree had already been passed. Though the Lok Adalat directed refund of the court fee as per Rules, the Rules do not provide for refund of any court fee in the execution proceedings. It was also held that Section 21 of the Legal Services Authorities Act contemplates only a compromise or settlement in respect of a metier In a pending suit.