Chapter VI REFUNDS AND REMISSIONS

(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.

(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 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, and, if the remand is in Letters Patent Appeal, also on the memorandum of second appeal and memorandum of appeal in the first appellate Court. (2) Where an appeal is remanded in Second Appeal or Letters Patent 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, and of the full amount of fee paid on the memorandum of Second Appeal and the Memorandum of Letters Patent Appeal if the remand is in Letters Patent 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 the respect whereof the suit has been remanded.

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 10 (g) of Schedule II.

Wherever by agreement of parties,- (i) any suit is dismissed as settled out of Court before any evidence has been recorded on the merits of the claim, or (ii) any suit is compromised ending in a compromise decree before any evidence has been recorded on the merits of the claim, or (iii) any appeal is disposed of before the commencement of hearing of such appeal, half the amount of court fees paid in respect of the claim or claims in the suit or appeal, as the case may be, shall be ordered by the Court to be refunded to the parties by whom the same have been respectively paid. Explanation.- The expression “merits of the claim” shall have the meaning assigned to it in section 11.

The fee paid by mistake or inadvertence shall be ordered to be refunded.

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.

Nothing contained in this Act shall render the following documents chargeable with any fee.- (i) mukhtarnama, vakalathnama 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) application or petition to a Collector or other Officer making a settlement of land 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; (iv) application relating to a supply for irrigation of water belonging to Government; (v) 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; (vi) application for service of notice of relinquishment of land or of enhancement of rent; (vii) written authority to an agent to distain; (viii) first application (other than a petition containing a criminal charge of information) for the summons of a witness or other persons 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; (ix) bail bonds in criminal cases, recognizances to prosecute or give evidence and recognizances for personal appearance or otherwise: (x) petition, application, charge or information respecting any offence when presented, made or laid to or before a Police Officer; (xi) petition by a prisoner or other person in duress or under restraint of any Court or its officer; (xii) complaint of a public servant as defined in the Indian Penal Code (Central Act 45 of 1860) or an officer of the Railways; (xiii) application for permission to cut timber in Government forests or otherwise, relating to such forest, not being applications from forest contractors for extending the period of their leases; (xiv) application for the payment of money due by the Government to the applicant, other than an application for refund of lapsed deposit made six months after the date on which the amount lapsed to the Government; (xv) petition of appeal against any municipal tax; (xvi) application for compensation under any law for the time being in force relating to the acquisition of property for public purposes; (xvii) petition or appeal by a Government servant when presented to any superior officer of Government against orders of dismissal, reduction or suspension; copies of such orders filed with such appeals, and applications for obtaining such copies.

The Government may, by notification in the Official Gazette, reduce or remit, in the whole or in any part of this Union territory, all or any of the fees chargeable under this Act, and may, in like manner, cancel or vary such notification.