DAYARAM Vs. LAXMI AGRAWAL

JUDGEMENT

(1.) Heard on I.A.No.11120/2022.

(2.) . Learned counsel for the parties submit that after execution of impugned decree, parties have settled their dispute outside the Court and in pursuance of which, the appellant/defendant wants to withdraw his first appeal. In such circumstances, he prays that the court fee of Rs.52,750.00 paid by him in the first appeal be refunded to the appellant, regarding which the respondent has no objection.

(3.) . Now the question arises as to whether this Court, in the aforesaid circumstances, can pass order for refund of court fees as provided under Sec. 16 of the Court Fees Act, 1870. Sec. 16 of the Court Fees Act, 1870 states as under :-