VIPIN TRIVEDI Vs. MOHANLAL SHARMA

JUDGEMENT

(1.) BEING aggrieved by the order dated 15/3/2011 passed by Additional Judge (Fast Tract) to the Court of VI Additional District Judge, Ujjain whereby review application filed by petitioners under Order 47 Rule 1, CPC for reviewing the order dated 30/8/2010 passed in Civil Suit No. 5-A/09 was dismissed, present petition has been Filed.

(2.) SHORT facts of the case are that the petitioners filed a suit against the respondent, which was numbered as Civil Suit No. 5-A/09, wherein an application for compromise was filed by the parties under Order 23 Rule 3, CPC on 13-8-10 with a request through their respective advocates to place the matter before the Lok Adalat. Vide order dated 13-8-10, learned Court below directed that the case be placed before the Lok Adalat and the case was adjourned for 28-8-10. It appears that on 28-8-10, Presiding Officer was on leave, therefore, it was directed that the case be laced for orders on 30-8-10. On 30-8-10, learned Court below dismissed the suit in terms of compromise with further direction that parties shall bear their own cost. Since petitioner was not satisfied with the order as there was no direction regarding refund of Court-fee, therefore, review application was filed by the petitioners, which was dismissed by the impugned order, against which present petition has been filed.

(3.) SINCE the matter relates to refund of Court-fee, therefore, Smt. Rashmi Pandit, Dy. GA was requested to submit on behalf of State. Learned Counsel supports the order and submits that no illegality has been committed by the learned Courts below in passing the impugned order, which can be corrected by this Court.