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Anu Sharma vs Raj Kumar Garg & Ors

High Court Of Himachal Pradesh · Decided on 2 January 2026 · Citation: (2026) 01 SHI CK 1429

HON’BLE JUDGES
Sushil Kukreja, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure, 1908 — Section 151
RESULT
Disposed Of
CASE NUMBER
Civil Suit No. 36 Of 2025
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Judgment

9 paragraphs · 204 words

Sushil Kukreja, J

1.

Learned counsel for the plaintiff stated that the parties have compromised the matter and he seeks permission of this Court to withdraw the present suit, being compromised.

2.

Learned counsel for the defendants have no objection if the suit is permitted to be withdrawn.

3.

Consequently, the suit of the plaintiff is dismissed, as withdrawn. The Court fee, as permissible under the Rules, be refunded to the plainti .

4.

Interim order passed by this Court vide order dated 07.08.2025 stands vacated.

OMP No. 1075/2025

The present application under Section 151 CPC has been filed by the applicant/plaintiff for refund of the excess Court fee. As per the applicant, due to arithmetical mistake, t e Court fee was wrongly calculated at Rs. 12,08,150/-, whereas, the applicant was required to affix Court fee of Rs. 5,37,820/- only. The application is duly supported by an affidavit of the applicant.

2.

In view of the averments made in the application, the Registry is directed to calculate the amount of Court fee which was to be affixed by the applicant/plaintiff and if any excess Court fee has been affixed by the applicant/plaintiff, the same shall be refunded to her.

The application stands disposed of.