PREM TRAVELS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed with the following prayers:-

(2.) Briefly stated the facts of the case are that the petitioner has filed a civil suit before the Additional District Judge No.6, Jodhpur Metropolitan and challenged the bid issued by respondent No.5 as it was opened in favor of the respondent Amit Kumar wherein, the notices were issued to the defendants and the civil suit was kept pending for written statements. Thereafter, the petitioner moved an application for withdrawal of the suit with a request to refund back the court fees as incurred at the time of filing of the suit. There were no objection raised by defendants and the learned trial Court has allowed the application and the suit was disposed of as withdrawn but, thereafter, the trial Court vide order dtd. 22/7/2019, refused to refund the court fees incurred on plaint. The petitioner thereafter, moved an application under Sec. 151 of CPC to refund the court fees in light of the order 23 CPC and Sec. 13 of Court Fees Act, 1870.

(3.) The learned trial Court vide order dtd. 26/8/2020 dismissed the said application without taking any cogent reasons, being aggrieved of the same, the present writ petition has been filed.