Seema Rajput & Ors vs Radha Devi Thakur & Ors

Naresh Kumar Chandravanshi, J

Heard on defaults pointed out by the Registry.

Learned counsel for the applicants submits that applicant No.2 is the son of respondent No. 1, and applicant No. 1 is the daughter-in-law of respondent No. 1 (wife of respondent No. 2). They entered into a settlement before the National Lok Adalat, Bench at High Court of Bilaspur, whereby, on the basis of a compromise between the parties, an Award dated 13.12.2025 (Annexure-A/1) in First Appeal No.96/2021 has been passed. Learned counsel further submits that he himself had identified the applicants herein and respondent No. 1 during the passing of Award.

In view of the above submission, default No.1 is waived.

So far as default No. 2 is concerned, in the affidavit in support of the present MCC, in the verification paragraph, "para 1 to 2" is typed in place of "para 1 to 3." Learned counsel for the applicants submits that since there are three paragraphs in the affidavit, such an error is completely typographical and minor, therefore, the same may be waived.

In view of the above submission and on due consideration, default No. 2 is also waived.

Heard on the main application, which has been filed by the applicants for the issuance of a refund certificate of the Court fee in connection with the Award dated 13.12.2025 passed by the National Lok Adalat, High Court of Chhattisgarh, Bilaspur, in First Appeal No. 96/2021.

Learned counsel further submits that while filing the memo of the First Appeal, the Court fee was mentioned as Rs. 12/- in appeal, which was affixed to the memo of appeal. Subsequently, on account of a default raised by the Registry, the applicants herein paid the proper Court fee of Rs.1,00,000/- (Rupees One Lakh) through e-court fee bearing EP No. 0000016669 and Rs.1,86,408/- (Rupees One Lakh Eighty-Six Thousand Four Hundred Eight) through e-court fee bearing EP No. 0000016670, totaling Rs. 2,86,408/- (Two Lakh Eighty Six Thousand Four Hundred Eight). Subsequently, vide award dated 13.12.2025, the Hon'ble Bench of the National Lok Adalat clearly passed a direction that "..on the basis of compromise, the appellants are entitled to the refund of court fee under Section 16 of the Court Fees Act." Hence, the applicants are entitled to the return of the court fee, however, the Registry has sent a notice to the applicants for the return of a Court fee of Rs. 12/- only. Therefore, an appropriate direction may be issued to the Registry of this Hon'ble Court for the refund of the court fee of Rs. 2,86,408/-.

Learned State counsel has no objection to allowing the aforesaid prayer. 9. Heard learned counsel for parties and perused the record.

By the award dated 13.12.2025 passed by the National Lok Adalat, High Court Bilaspur, in First Appeal No. 96/2021 (Smt. Seema Rajput and another Vs. Smt. Radha Devi and others), the judgment and decree dated 25.08.2021 passed by the First Additional District Judge, Raipur, District Raipur, in Civil Suit No. 46A/2019, has been set aside on the ground of settlement between the parties. In paragraph 5 of the award, it was further ordered by the Bench of the National Lok Adalat that"...we deem it appropriate to accept the prayer for withdrawal of the appeal on the basis of compromise and also hold that the appellants are entitled to the refund of the court fee under Section 16 of the Court Fees Act. Needful be done by the Registry."

Perusal of the original record of First Appeal No. 96/2021 shows that the applicants initially mentioned only Rs. 12/- in respect of the Court fee and affixed the same to the appeal. Subsequently, on account of an objection raised by the Registry, the appellants therein paid the proper court fee of Rs. 2,86,408/- (Rs. 1,00,000/- through e-court fee bearing EP No. 0000016669 and Rs. 1,86,408/- through e-court fee bearing EP No. 0000016670). These two Court fees were filed by the appellants through a covering memo dated 29.09.2023 in the aforesaid First Appeal.

Hence, a total court fee of Rs. 2,86,420/- (Rs. 2,86,408 + Rs. 12) has been paid by the appellants and in light of the award dated 13.12.2025 passed by the National Lok Adalat, the appellants are entitled to the aforesaid amount.

In view of above discussion, prayer of the applicants is allowed. The Registry is directed to take appropriate steps for the issuance of a Certificate for refund of the Court fee of Rs. 2,86,420/- in favour of the applicants/appellants, as per rules.

With the aforesaid observations and directions, the MCC is disposed of.