PRADEEP SONAWAT Vs. SATISH PRAKASH

JUDGEMENT

(1.) DISMISSAL of application of the plaintiff, petitioner herein, for return of the court fee affixed on the plaint, wherein litigation had ended in a mutually settled compromise, forms genesis of this revision petition. Based on an agreement to sell, the plaintiff, petitioner herein, had brought a suit on 18.1.2012 against the defendant for specific performance of the same. During the proceedings of the suit, on 10.9.2012, the matter was compromised and the suit was decided in terms of the said mutually agreed settlement. Compromise was acted upon and parties were satisfied.

(2.) AN application was moved by the petitioner for refund of Court fee on 22.1.2013, which was dismissed vide order dated 25.4.2013 [Annexure P5]. The plaintiff preferred an appeal against the said order, but had withdrawn the same vide order dated 21.10.2013 [Annexure P/7] being not maintainable.

(3.) IT is contended that as the matter had been settled by way of a compromise, refund of court fee was to be the necessary consequence in terms of Section 16 of the Court Fee Act, 1870 [for short, "the Act"]. Section 16 of the Act is reproduced below for ready reference: -