Birdha Ram vs Manohar Lal

Arun Bhansali, J.—This appeal is directed against judgment and decree dated 9.11.2009 passed by Additional District Judge No. 2, Jodhpur, whereby, the suit filed by the appellant-plaintiff for recovery of a sum of Rs. 3,21,200/- has been dismissed by the trial court under Order VII, Rule 11 CPC. During pendency of this appeal by order dated 07.11.2013, the matter was referred to the Mediation Center attached to this Court and parties were directed to remain present before the learned Mediator.

A report dated 28.01.2014 has been received from the learned Mediator, inter alia, indicating that the parties have compromised the suit on consideration of Rs. 5,80,000/-. The respondent Manohar Lal has paid the said amount in Cash to the appellant Birdha Ram, which the appellant has received. Alongwith the report, an application under Order XXIII, Rule 1 CPC has been forwarded, which is duly signed by both the parties and their respective counsels, wherein a prayer has been made that the appeal filed by the appellant may be dismissed.

The report sent by the learned Mediator alongwith the application under Order XXIII, Rule 1 CPC is taken on record.

In view of the compromise arrived at between the parties and parties having acted upon the said compromise, the application filed by the parties under Order XXIII, Rule 1 CPC, is allowed. The appeal is dismissed as withdrawn.

In view of the fact that the suit/appeal has been compromised between the parties, a prayer has been made by learned counsel for the appellant that the court fees of Rs. 21,700/- paid by the appellant be refunded.

u/s 65B of the Rajasthan Court Fees and Suits Valuation Act, 1961, where the Court refers the parties to a suit to anyone of the mode of settlement of dispute and the matter is settled by one of the modes provided u/s 89 of CPC, the plaintiff is entitled to a certificate from the Court authorizing him to receive back from the Collector, the full amount of the fee paid in respect of such matter. In view of the above provision, the prayer made by learned counsel for the appellant is allowed. A certificate be issued to the appellant authorizing him to receive back from the Collector, the full amount of the fee paid him in respect of the appeal.