MAJID KHAN Vs. MIJJAJ

JUDGEMENT

(1.) To achieve the object of reducing the pendency of cases through amicable settlement between the parties, Sec. 89 was inserted in the Code of Civil Procedure, 1908 (for short 'CPC'). Whenever the matters are settled by the parties to the litigation by any of the mode contained under Sec. 89 of CPC, the plaintiff can claim certificate under Sec. 65-B of the Rajasthan Court Fees and Suits Valuation Act, 1961 (for short 'the Act of 1961) to receive back the full amount of court fees paid in respect of his plaint.

(2.) The purpose of Sec. 65-B of the Act of 1961 is to reward parties who have chosen to withdraw their litigation in favour of more conciliatory dispute settlement mechanisms, thus saving the time and resources of the Court, by enabling them to claim refund of the court fees deposited by them. Such refund of court fee, though it may not be connected to the substance of the dispute between the parties, is certainly an ancillary economic incentive for pushing them towards exploring alternative methods of dispute settlement like withdrawal of the suit.

(3.) The legal representatives of the plaintiff-respondent have decided to withdraw the suit filed by the plaintiff at this appellate stage and the parties to the appeal are claiming the refund of the court fees paid by them. This is a short issue involved in this appeal.