Chapter VII REFUNDS AND REMISSIONS

1. (1) Where a plaint or memorandum of appeal is rejected on the ground of delay in its 1 [re- presentation] or where the fee paid on a plaint or memorandum of appeal is deficient and the deficiency is not made good, within the time allowed by law or granted by the court, or the delay in payment of the deficit fee is not condoned and the plaint or memorandum of appeal is consequently rejected, the court shall direct the refund to the plaintiff or the appellant, of the fee paid on the plaint or memorandum of appeal which has been rejected.
2. (2) Where a memorandum of appeal is rejected on the ground that it was not presented within the time allowed by the law of limitation, one-half of the fee shall be refunded. ____________________

¹ Substituted by Act No. 10 of 1964, for the words "presentation" w.e.f. 5-3-1964.

("Refund in cases of remand")

1. (1) Where a plaint or memorandum of appeal which has been rejected by the lower court is ordered to be received, or where a suit is remanded in appeal for a fresh decision by the lower court, the court making the order or remanding the appeal shall, where the whole decree is reversed and the suit is remanded, and may in other cases direct the refund to the appellant of the full amount of fee paid on the memorandum of appeal; and, if the remand is on second appeal, also on the memorandum of appeal in the first appellate court.
2. (2) Where an appeal is remanded in second appeal for a fresh decision by the lower appellate court, the High Court remanding the appeal may direct the refund to the appellant of the full amount of fee paid on the memorandum of second appeal: Provided that, no refund shall be ordered if the remand was caused by the fault of the party who would otherwise be entitled to a refund: Provided further that, if the order of remand does not cover the whole of the subject matter of the suit, the refund shall not extend to more than so much fee as world have been originally payable on that part of the subject-matter in respect whereof the suit has been remanded.

("Refund where Court reverses or modifies former decision on ground of mistake")

Where an application for a review of judgment is admitted on the ground of some mistake or error apparent on the face of the record, and on the rehearing the court reverses or modifies its former decision on that ground, it shall direct the refund to the applicant of so much of the fee paid on the application as exceeds the fee payable on any other application to such court under Article 11

1. (g) and
2. (t) of Schedule II.

("Refund on settlement before hearing")

whenever by agreement of parties,-

1. (a) any suit is dismissed as settled out of Court before any evidence has been recorded on the merits of claim; or
2. (b) any suit is compromised ending in a compromise decree before any evidence has been recorded on the merits of the claim; or
3. (c) any appeal is disposed of before the commencement of hearing of such appeal; half the amount of all fees paid in respect of the claim or claims in the suit or appeal shall be ordered by the court to be refunded to the parties by whom the same have been respectively paid.

Refund of fee paid by mistake or inadvertence ("Refund of fee paid by mistake or inadvertence")

Instruments of partition ("Instruments of partition")

Where the final decree in a partition suit has been engrossed on non-judicial stamps furnished by the parties, the court shall refund to the parties of so much of the valued fee paid by them as is equal to the value of the non-judicial stamps furnished by them.

("Exemption of certain documents") Nothing contained in this Act shall render the followingdocuments chargeable with any fee:

1. (i) mukhtarnama, vakalatnama or other written authority toinstitute or defend a suit when executed by a member of any of the Armed Forcesof the Union not in civil employment;
2. (ii) memorandum of appearance filed by advocates or pleaderswhen appearing for persons proceeded against in criminal cases;
3. (iii) plaints and other documents in suits filed in villagecourt;
4. (iv) application or petition to a Deputy Commissioner or otherofficer making a settlement of land revenue, or to the State Governmentrelating to matters connected with the assessment of land, or with theascertainment of rights thereto or interest therein, if presented previous tothe final confirmation of such settlement;
5. (v) application relating to a supply for irrigation of waterbelonging to Government;
6. (vi) application for leave to extend cultivation or torelinquish land, when presented to an officer of land revenue by a personholding, under a direct engagement with Government, land of which revenue issettled but not permanently;
7. (vii) application for service of notice of relinquishment ofland or of enhancement of rent;
8. (viii) written authority to an agent to distrain;
9. (ix) first application (other than a petition containing acriminal charge of information) for the summons of a witness or other person toattend either to give evidence or to produce a document or in respect of theproduction or filing of an exhibit not being an affidavit made for theimmediate purpose of being produced in Court;
10. (x) bail bonds in criminal cases, recognizances to prosecuteor give evidence and recognizances for personal appearance or other wise;
11. (xi) petition, application, charge or information respectingany offence when presented, made or laid to or before a police officer or to orbefore the heads of villages or the village police;
12. (xii) petition by a prisoner or other person in duress orunder restraint of any court or its officer;
13. (xiii) complaint of a public servant as defined in the IndianPenal Code (Central Act XLV of 1860) or an officer of the State Railway;
14. (xiv) application for permission to cut and remove timber inGovernment forests or otherwise relating to such forests, not beingapplications from forest contractors for extending the period of their leases;
15. (xv) application for the payment of money due by theGovernment to the applicant, other than an application for refund of lapseddeposit made six months after the date on which the amount lapsed totheGovernment;
16. (xvi) petition of appeal against any municipal tax;
17. (xvii) application for compensation under any law, for thetime being in force relating to the acquisition of property for publicpurposes; (xviii) petition under section 48 of the Indian ChristianMarriage Act, 1872 (Central Act XV of 1872);
18. (xix) petition or appeal by a Government servant or a servantof the Court of Wards when presented to any superior officer or Governmentagainst orders of dismissal, reduction or suspension; copies of such ordersfiled with such appeals, and applications for obtaining such copies.
19. (xx) Copy of record of rights filed with plaints orapplications.

("Power to reduce or remit fees") 1[(1) The State Government may, by Notification in the official Gazette, reduce or remit in the whole or any part of the 2[State of Karnataka], if in the opinion of the State Government it is necessary in public interest so to do, the fee payable in respect of any particular class of documents or any of the documents belonging to such class, of any documents when filed, exhibited or recorded by of acted on at the instance of or furnished to, any particular class of persons or any members of such class; and may in like manner cancel or vary such notification].

1. (2) Every notification under sub-section
2. (1) shall be laid as soon as may be after it is published in the official Gazette before the state Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of that period, the state Legislative Assembly makes any modification in the notification or directs that the notification shall not have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be.