ABDUL REHMAL Vs. MOHAMMED MAZHER ALI

JUDGEMENT

(1.) This Misc. Application under Sec. 151 of Civil Procedure Code, 1908 has been filed by the Applicant/Appellant for issuing direction to the Registry to refund the Original Stamp Papers on Account of Court Fees paid on the appeal which was not argued on merits but was disposed on a compromise. Counsel for the appellant/applicant submits that earlier the Appellant filed an application for direction to prepare a decree in terms of the compromise between the parties arrived at in Appeal before the Lok Adalat on 21.9.2012 and for refund of the Court Fees as per Law. The said application was disposed of by this Court on 18.9.2013 with the direction to draw the decree in terms of the order Dt. 21.9.2012 passed by the Lok Adalat and refund the Court Fees to the Appellant. Consequent to the said order a certificate for a refund of Court Fee was issued to the appellant by the Registry. Counsel submits that thereafter the appellant moved an application along with the said certificate and affidavit before the collector (Stamps) Jaipur seeking a refund of Court Fees as directed by this Court, but the collector (Stamp) refused to refund the Court Fees on account of the Original Stamp Papers not being annexed with the said application which according to Collector was necessary for refunding the Court Fees. Hence the Appellant/Applicant has filed the present application to issue direction to the Registry to refund the Stamp Papers.

(2.) In view of the facts of the case and submissions made, the Registry is directed to return to the appellant/applicant the original stamp papers on account of Court Fee paid on the appeal. This order be treated as Certificate under Sec. 65B of the of Act of 1961 and the Court Fee paid on the appeal be refunded by the Collector accordingly on presentation of the Original stamps. The application stands disposed of.