GHASI RAM Vs. RAMSUKH

JUDGEMENT

(1.) An application has been submitted on behalf of the appellant with a submission that the parties have entered into an amicable settlement before the revenue Court and therefore, permission is sought to withdraw the present appeal. Learned counsel for the respondents does not object to the said submission. In view of the same, the application is allowed. The permission to withdraw the present appeal is granted and the appeal is therefore, dismissed as withdrawn.

(2.) A prayer for refund of the Court fees has also been made in the aforesaid application. As the appeal has been withdrawn in light of the settlement arrived at between the parties, the Court fee of Rs.102160.00 as paid along with this appeal be refunded to the appellant in terms of law. An application has also been preferred under Sec. 61 of the Rajasthan Court Fees and Suits Valuations Act, 1961 with a prayer for refund of the Court fees as filed by the plaintiff on the plaint before the Trial Court. Sec. 61 of the Act of 1961 provides that where the plaint has been rejected under Order VII Rule 11, CPC, the Court, in its discretion, may direct to refund the Court fee, whole or in part, paid on the plaint.

(3.) In the opinion of this Court, the said power is the discretionary power of the Court which has rejected the plaint while allowing the application under Order VII Rule 11, CPC, therefore, the said prayer be made before the learned Court below and it would be within the discretion of the Court to decide the said application in terms of law. The application is therefore, disposed of. The stay petition also stands disposed of.