Chapter VII REFUNDS AND REMISSIONS

66. Refund in cases of delay in presentation of plaint etc.—(1) Where a plaint or memorandum of appeal is rejected on the ground of delay in its representation, 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) 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.

67. Refund in cases of remand.—(l) 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 may 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) 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 if the remand is in 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 would have been originally payable on that part of the subject-matter in respect whereof the suit has been remanded.

68. 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(g) and (t) of Schedule II.

69. Refund in cases of compromise or when Suit is decided on the admission of Parties.— When a suit or appeal is compromised or when a suit is decided solely on the admission of the parties without any investigation, one-half of the Court fee paid on the plaint or memorandum of appeal shall be ordered by the Court to be refunded to the parties by whom the same have been paid respectively. 1[Provided that no refund shall be ordered where only one-tenth of the amount of fee on plaint as required by Section 4A or one-third of the amount of fee on memorandum of appeal as required by Section 52 has been paid by the parties.]

2[69A. Refund of court fee in case where the dispute is settled under section 89 of the Code of Civil Procedure.-Where a suit, appeal or other Proceeding before any court is settled by recourse to section 89 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908), the whole court fee paid on the plaint/Memorandum of Appeal or other Proceedings, except in interlocutory matters, shall be ordered by the court to be refunded to the parties concerned by whom the court fee was paid.]

70. Refund of fee paid by mistake or inadvertence.—The fee paid by mistake or inadvertence shall be ordered to be refunded.

71. 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 order the 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.

72. Exemption of certain documents.— Nothing contained in this Act shall render the following documents chargeable with any fee: — (i) Mukhtarnama, vakalatnama or other written authority to institute or defend a suit when executed by a member of any of the Armed Forces of the Union not in civil employment; (ii) memorandum of appearance filed by advocates or pleaders when appearing for persons proceeded against in criminal cases; (iii) plaints and other documents in suits filed in village courts; (iv) plaints in suits before Collectors under Madras Regulation XII of 1816; (v) application or petition to a Collector or other Officer making a settlement of land revenue, or to the Board of Revenue relating to matters connected with the assessment of land, or with the ascertainment of rights thereto or interest therein, if presented previous to the final confirmation of such settlement; 1. Added by Act 6 of 1991. (vi) application relating to a supply for irrigation of water belonging to Government; (vii) application for leave to extend cultivation or to relinquish land, when presented to an officer of land revenue by a person holding, under a direct engagement with Government, land of which revenue is settled but not permanently; (viii) application for service of notice of relinquishment of land or of enhancement of rent; (ix) written authority to an agent to distrain; (x) first application (other than a petition containing a criminal charge of information) for the summons of a witness or other person to attend either to give evidence or to produce a document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court; (xi) bail bonds in criminal cases other than bail bonds in village courts, recognizances to prosecute or give evidence and recognizances for personal appearance or otherwise; (xii) petition, application, charge or information respecting any offence when presented, made or laid to or before a police officer, or to or before the heads of villages or the village police; (xiii) petition by a prisoner or other person in duress or under restraint or any Court or its officer; (xiv) complaint of a public servant as defined in the Indian Penal Code (Central Act XLV of 1860); (xv) application for permission to cut timber in Government forests or otherwise relating to such forests not being applications from forest contractors for extending the period of their leases; . (xvi) application for the payment of money due by the Government to the applicant, 1[including an application] for refund of lapsed deposit made six months after the date on which the amount lapsed to the Government; (xvii) petition of appeal against any municipal tax; (xviii) application for compensation under any law, for the time being in force relating to the acquisition of property for public purposes; (xix) petition under section 48 of the Indian Christian Marriage Act, 1872 (Central Act XV of 1872); (xx) petition or appeal by a Government servant or a servant of the Court of Wards when presented to any superior officer or Government against orders of dismissal, removal, reduction in rank or suspension; copies of such orders filed with such appeals, and applications for obtaining such copies; (xxi) applications for refund of court-fees under the provisions of this Act; (xxii) applications presented to Munsiffs in non-appealable cases; (xxiii) requisitions made by the Government for copies of judgments and decrees or orders or records in suits or proceedings. 1[(xxiv) petition in a suit under the Native Converts Marriage Dissolution Act, 1866 (Central Act 21 of 1866); (xxv) petition, plaint or memorandum of appeal when presented to a court under the Dissolution of Muslim Marriages Act, 1939 (Central Act 8 of 1939) ; (xxvi) petition under the Indian Divorce Act, 1869 (Central Act 4 of 1869) excluding petition under section 44 of that Act, and every memorandum of appeal under section 55 of that Act; (xxvii) plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1936 (Central Act 3 of 1936) or a counter claim made under section 37 of that Act; (xxviii) petition under sections 22, 23, 27 or 28 of the Special Marriage Act, 1954 (Central Act 43 of 1954); (xxix) petition under sections 9, 10 or 13 of the Hindu Marriage Act, 1955 (Central Act 25 of 1955); (xxx) undertaking under section 49 of the Indian Divorce Act, 1869 (Central Act 4 of 1869) ; 2[ (xxxi) *****]; (xxxii) application for leave to sue as a pauper; (xxxiii) application for leave to appeal as a pauper.]

73. Special procedure regarding suits by societies registered under the Societies Registration Act.—Notwithstanding anything contained in this Act where a suit is filed by a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act XII of 1955 or the Societies Registration Act, 1860 (Central Act 21 of 1860) and the Collector of the District certifies that the society is not in a position to pay the amount of fee chargeable on the plaint under this Act, regard being had to the financial condition of the society, the plaint shall be chargeable only with one half of the amount of the fee chargeable on it.

3[73A. Special provision regarding suits, appeals, revision, etc. filed by or on behalf of the Government before the Court.- Notwithstanding anything contained in any other provisions of this Act, where a suit, appeal, revision, review or other pleadings or documents are filed or presented by or on behalf of the Government or its officers in their official capacity before any Court, no Court fee shall be chargeable in respect of such suit, appeal, revision, review or other pleadings or documents under the provisions of this Act.]

74.Special provision regarding suits by registered trade union, member of Scheduled Castes, etc.—(1) Notwithstanding anything contained in the foregoing provisions of this Act, the Court shall, subject to the provisions of sub-section (2), admit the plaint in respect of the following kinds of suit even though the fee chargeable under this Act has not been paid and after such admission calculate the amount of court-fee chargeable in respect of the plaint under the provisions of this Act, and, require the Collector of the District to pay the fee so chargeable— (i) suits for money instituted by a registered trade union wherein the claim does not exceed one thousand rupees; 4[(ii) suits instituted by a member of a Scheduled Caste or a Scheduled Tribe whose annual income does not exceed rupees twelve thousand and the amount of the claim does not exceed rupees fifteen thousand]; Explanation.—For the purpose of this clause Scheduled Caste and Scheduled Tribe shall have the same meaning as in the Constitution of India. (iii) suits for money instituted by a prisoner whose 1[annual income] does not exceed 2[twelve thousand rupees] and wherein the claim does not exceed3[fifteen thousand rupees]; (iv) suits for money filed by a co-operative society registered under the Co-operative Societies Act for the time being in force against any person other than a member of the Society; (v) suits for recovery of compensation under the Workmen’s Compensation Act, 1923 and for wages or bonus by workmen under the Industrial Disputes Act, 1947; and (vi) suits for arrears of maintenance or for maintenance or for enhancement of maintenance or for recovery of shares of their deceased husbands or parents in the family property, filed by women or minors, where the 4[annual income] of such women or minors does not exceed 5[twelve thousand rupees]. 6[****] 7[(vii) suits by workmen against their employers in matters arising from their employment; (viii) suits for recovery of compensation arising out of accidents, filed by the injured where the claim does not exceed rupees fifty thousand and filed by the legal heirs of the deceased in such accidents where the claim does not exceed rupees One lakh; (ix) suits by associations or societies registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (Act XII of 1955) or the Societies Registration Act, 1860 (Central Act 21 of 1860), with one of their objects as protection of public interest in the matter of environment, consumer protection, adulteration of food stuffs, or other similar matter against the offenders, where the subject matter of the suit relates to any of the above matters and the court finds that there is prima facie case of public interest; (x) suits filed by ‘Poor persons’ as defined in the Rules relating to legal aid to the poor applicable in the State from time to time, when the claim does not exceed rupees fifteen thousand; (xi) suits by any person serving in the Armed Forces, where the claim does not exceed rupees fifteen thousand; (xii) suits by ex-servicemen whose annual income does not exceed rupees twelve thousand and the claim does not exceed rupees fifteen thousand; (xiii) suits by unemployed handicapped persons whose annual income does not exceed rupees twelve thousand and the claim does not exceed rupees fifteen thousand.] Provided that the plaintiff in the suit has not entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter or has not acquired by transfer inter vivos an interest in such subject-matter and in cases covered by clauses (ii), (iii) and (iv) of sub-section (1) above, the claim originates in favour of the plaintiff. (2) Every plaint presented to the court under sub section (1) shall be accompanied by such documents and records containing such particulars as may be prescribed to enable the court to come to a finding whether the plaintiff in the suit is entitled to the concession under sub-section (1) or not. The Court may for this purpose hold such inquiry as it deems fit. If upon such inquiry the court finds that the allegations do not show a cause of action or. that the suit appears to be barred by any law or that the plaintiff is not entitled to the concession under sub-section (1) it shall require the plaintiff to pay the fee chargeable in respect of the plaint under the provisions of this Act, and on such payment the plaint shall be deemed to have been duly stamped at the time of presentation. (3) On receipt of a requisition from the court under subsection (1) for payment of court-fee the Collector shall pay the required fee within the time specified by the Court. (4) Where in respect of a suit filed under sub-section (1), if the plaintiff succeeds in the suit or where the suit is dismissed wholly or in part on the ground that the claim or portion of it made in the suit is false or vexatious and the court records a finding to the effect that it is so, the fee chargeable in respect of the plaint in the suit under the provisions of this Act, shall be recoverable by the Government from the party ordered by the decree to pay the same and shall be a first charge on the subject- matter of the suit. (5) The Government shall have the right at any time to apply to the court to make an order for the payment of court-fees under sub-section (4). (6) All matters arising between the Government and any party to the suit under this section shall be deemed to be questions arising between the parties to the suit within the meaning of section 47 of the Civil Procedure Code. (7) Where an order is made under this section the court shall forthwith cause a copy of the decree or order to be forwarded to the Collector of the District who may without prejudice to any other mode of recovery, recover the amount of court-fees specified therein from the person or property liable for the payment as if it were an arrear of land revenue.

1[74A. Special provision regarding certain appeals.‐(1) Notwithstanding anything contained in the foregoing provisions of this Act, the Court shall admit the memorandum of appeal in respect of an appeal- (a) against the decree in a suit referred to in clause (ii) of sub‐section (1) of section 74, presented by the plaintiff in such suit; or (b) against the decree in a suit for money instituted against a member of a Scheduled Caste or Scheduled Tribe whose monthly income does not exceed one hundred rupees and wherein the claim does not exceed one thousand rupees, presented by such member, even though the fee chargeable under this Act has not been paid, and, after such admission, calculate the amount of court fee chargeable in respect of such memorandum of appeal under the provisions of this Act and require the Collector of the district to pay the fee so chargeable : Provided that, in the following cases, the court shall not admit a memorandum of appeal referred to in clause (a), if the fee payable under this Act has not been paid, namely:‐ (a) when the court has not required the Collector of the district under sub‐section (1) of section 74 to pay the fee chargeable under this Act in respect of the suit in which the decree appealed against was passed ; (b) when the suit has been dismissed wholly or in part on the ground that the claim or portion of it made in the suit was false or vexatious and the court recorded a finding to the effect that it was so. (2) Every memorandum of appeal referred to in sub‐section (1) shall, when presented to the Court, be accompanied by such documents and records containing such particulars as may be prescribed. (3) If the court finds that the appellant is not entitled to the concession under sub‐section (1), it shall require the appellant to pay the fee chargeable in respect of the memorandum of appeal under the provisions of this Act, and, on such payment, the memorandum shall be deemed to have been duly stamped at the time of presentation. (4) On receipt of a requisition from the court under sub‐section (1) for payment of court fee, the Collector shall pay the required fee within the time specified by the court. (5) Where the appellant succeeds in an appeal referred to in sub‐section (1), the fee chargeable in respect of the memorandum of appeal under the provisions of this Act shall be recoverable by the Government from the party ordered by the court to pay the same, and shall be a first charge on the subject‐matter of the suit in which the decree appealed against was passed. (6) The Government shall have the right at any time to apply to the court to make an order for the payment of Court‐fees under sub‐section (5). (7) All matters arising under this section between the Government and any appellant shall be deemed to be questions arising between the parties to the suit in which the decree appealed against was passed, within the meaning of section 47 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908). (8) Where an order is made under this section, the court shall forthwith cause a copy of the order to be forwarded to the Collector of the district, who may, without prejudice to any other mode of recovery, recover the amount of court‐fees specified therein from the person or property liable for the payment as if it were an arrear of land revenue.]

75. Power to reduce or remit fees—The Government may, by notification in the Gazette, reduce or remit, in the whole or in any part of the territory of this State, all or any of the fees chargeable under this Act, and may, in like manner, cancel or vary such notification. CHAPTER VIII LEGAL BENEFIT FUND.