HEERA SINGH Vs. POORAN SINGH KUSHWAH

JUDGEMENT

(1.) The instant writ petition, filed under Article 227 of the Constitution of India, challenges the order dtd. 27/7/2015 passed by the Third Additional District Judge, Gwalior, in Civil Suit No.106-A/2014, only to the extent, that the prayer made by the petitioners seeking a refund of court fees has been declined.

(2.) Leaned counsel appearing for the petitioners submits that a suit for specific performance of a contract in respect of certain land was filed by the petitioners before the learned trial Court which was registered as Civil Suit No.106-A/2014. During the pendency of the civil suit, an out-of-court settlement was arrived at between the petitioners and the respondent. Accordingly, an application under Order 23 Rule 3 C.P.C. was filed by the parties before the learned trial Court, seeking disposal of the suit on the basis of the compromise entered into between them. He submits that learned trial Court, vide impugned order dtd. 27/7/2015, allowed the said application preferred by the parties and has passed the compromise decree (Annexure P/1) but the prayer made by the petitioners seeking a refund of court fees was rejected by the learned trial Court on the ground that since the suit was not being disposed in a Lok Adalat or under Sec. 89 C.P.C., the petitioners are not entitled for refund of court fees.

(3.) Learned counsel appearing for the petitioners submits that the issue is now well settled in a catena of cases by this Court as well as the Apex Court that even when out of court settlement is arrived at between the parties and the matter is disposed of by the Court on the basis of out of court settlement, then the plaintiff is entitled for refund of court fees but learned trial Court has erred in rejecting the said prayer made by the petitioners.