refund of court fees | court fees refund

Refund of Court Fees [court fees act 1870]


Information relating to refund of court fees has been taken from the court fee act 1870. Process of court fee refund can be done in the following ways.

  • Court fees refund where amount decreed is less than the amount claimed
  • Refund of court fees paid on a memorandum of appeal
  • Refund of court fees on an application for review of the judgment
  • Court fees refund where Court reverses or modifies its former decision on the ground of mistake

Court fees refund where amount decreed is less than the amount claimed

Where in any such suit as is referred to in sub-section (1) the Court fee paid is found to be in excess of the amount of fee which may be payable if the suit had been valued at the amount decreed, the decree-holder shall be entitled to the refund of excess Court fees paid by him.

Refund of court fees paid on a memorandum of appeal

If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in section 351 of the same Code for a second decision by the lower Court. The Appellate Court shall grant a certificate to the appellant, authorizing him to receive court fees back from the Collector the full amount of fee paid on the memorandum of appeal.
Provided that if, in the case of a remand which is in appeal, the order of remand shall not cover the whole of the subject matter of the suit, the
granted certificate shall not authorize appellant to receive refunded fee back, more than so much fee as would have been originally payable on the part or parts of such subject matter in respect of the suit has been remanded.

Refund of court fees on an application for review of the judgment

Where an application for a review of judgment is presented. The Court, unless the delay was caused by the laches of the applicant. May, in its discretion, grant him a certificate authorizing him, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the court fees which would have been payable had it been presented before such day.

Court fees refund where Court reverses or modifies its former decision on the ground of mistake

Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of a mistake in law or mistake in fact. The applicant shall be entitled to get a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the court fees payable on any other application to such Court under the second schedule to this Act, No. 1, clause (b) or clause (d). But nothing in the previous part of this section. Must be entitled the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.

References:-
ma-law.org.pk

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