Jagjit Singh S/o Shri Prittam Singh vs Sukhdev Singh S/o Shri Bitta Singh

Learned counsel for the appellant has filed an application

No.1255/2017 for seeking leave to withdraw the present appeal

and also for refund of the Court fee.

It is submitted by learned counsel for the appellant that the

parties of the appeal with inspiration of the spirit of Lok Adalat

have amicably settled the dispute and in pursuance of that

settlement, the present appellant-defendant executed the sale-

deed in favour of respondent/plaintiff in compliance of judgment

and decree dated 08.04.1994. Now nothing remains in this

appeal. It is prayed that this appeal may be dismissed as

withdrawn and in the interest of justice, the amount of Court fee

paid in respect of this appeal by the appellant may be directed to

be refunded.

It is to be noticed that a specific provision

in this regard has already been incorporated for

the refund of the Court fee by inserting a new

Section 65B in the Rajasthan Court Fees and Suits

Valuation Act, 1961 which reads as under:-

"65-B. Refund of Fee.- Where the Court refers

the parties to a suit to any one of the mode of

settlement of dispute referred to in Section 89 of

the Code of Civil Procedure, 1908 (Central Act

No.5) of 1908) and the matter is settled by one of

the modes provided under Section 89 of the Code

of Civil Procedure, the plaintiff shall be entitled to

a certificate from the Court authorising him to

receive back from the Collector, the full amount of

the fee paid in respect of such plaint."

Accordingly, the application is allowed. The appeal is

dismissed as withdrawn. A certificate may be issued to the

appellants authorising them to receive back from the Collector

(Stamp), the full amount of fee paid in respect of the present

appeal i.e. Rs.2865/-.