RAJINDER SINGH Vs. JASWINDER KAUR AND OTHERS

JUDGEMENT

(1.) Despite service, none has put in appearance on behalf of the respondents. The matter pertains to rejection of the claim seeking refund of court fee on account of compromise between the parties. In the circumstances, I am not inclined to adjourn the case.

(2.) Learned counsel contends that the plaintiff-petitioner had filed a suit for specific performance of agreement dated 19.12.2013 against Defendants-respondents on 17.12.2014 and paid Court fee of Rs. 3,05,893/-. Eventually the matter was referred to the National Lok Adalat and the same was dismissed as withdrawn in view of compromise having been arrived at between the parties before the National Lok Adalat, Barnala on 11.02.2017. Learned Counsel further contends that although the compromise before the National Lok Adalat was due to intervention by the Presiding Officer but no mention to that effect or for refund of court fee was recorded in the order dated 11.02.2017 (Annexure P1).

(3.) Learned counsel contends that where the dispute between the parties has been settled or compromised outside the Court e.g. before the Lok Adalat, the plaintiff is entitled as a matter of right for refund of the entire court fee paid by him in terms of section 16 of the Court Fees Act read with section 21 of the Legal Services Authorities Act, 1987. section 21 of the Legal Services Authorities Act, 1987 and section 16 of the Court Fees Act, 1870 are reproduced as under:-