V.JAGANATHAN Vs. M.MADHAN CHAND

JUDGEMENT

(1.) The civil revision petitioner challenges the docket order passed by the learned Additional District Judge, Srivilliputhur, dtd. 30/1/2026, whereunder his claim for return of Court fees has been rejected. A suit was presented in O.S.No.146 of 2024 by the present petitioner. At that time, he had paid a Court fee of Rs.14,86,905.00. Pending the litigation, the suit was amicably resolved. Recording the same, the learned Additional District Judge, Srivilliputhur, passed an order on 25/4/2025 in the following terms :

(2.) Since the Court had permitted the refund of Court fees, the petitioner herein filed an application in I.A.S.R.4275 of 2025 on 10/10/2025 seeking refund. The learned Judge returned the application by placing reliance on the judgment of the Supreme Court in Jage Ram Vs., Ved Kaur and others (SLP(c) No.723 of 2023), dtd. 28/1/2025. Referring to the said judgment, the learned Judge held that refund of Court fee is permissible only in cases falling within the ambit of Sec. 89 of the Code of Civil Procedure and not in other cases. Hence, this revision.

(3.) I heard Mr.P.Saravanan for the revision petitioner. Being a matter relating to Court fee, I also heard Mrs.D.Farjana Ghoushia, learned Special Government Pleader, appearing for the sixth respondent as well as in her capacity as the Government Pleader. I have also gone through the records as well as the judgment stated supra.