Sunday, 3 November 2019

Supreme Court: Court Fees is to be refunded to plaintiff if plaint is returned

The appeal filed by the petitioner was dismissed. However, the
plaint was ordered to be returned with liberty to file it before

the court of competent jurisdiction.
Thereafter, the petitioner filed an application for refund of
the court fees. This application has been rejected only on the
ground that the appeal has been disposed of on merits. We are
unable to agree with the High Court. What has been disposed of is
only the rejection order under Order VII Rule 10 of the Code of
Civil Procedure. This is no order on the merits of the suit. The
effect is that the plaint has been ordered to be returned to be
filed in the appropriate Court. Therefore, the petitioner was
entitled to refund of the court fees so that he can fix the court
fee in the State where he would like to file the suit. We therefore
set aside the order of the High Court and direct that the entire
court fees be refunded to the petitioner.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).18102/2013

DR (COL.) SUBHASH CHANDRA TALWAR Vs T. CHOITHRAM 
Date : 25-10-2019
 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DEEPAK GUPTA
HON'BLE MR. JUSTICE SURYA KANT


UPON hearing the counsel the Court made the following
O R D E R
The petitioner herein filed a suit for damages. The defendants
filed a petition before the High Court under Order VII Rule 11
praying for dismissal of the suit on the ground of jurisdiction.
That plea was accepted by the learned Single Judge.
On a review petition being filed, the learned Single Judge
modified the order and rejection of the plaint was directed as
against dismissal of the suit as ordered earlier.
The appeal filed by the petitioner was dismissed. However, the
plaint was ordered to be returned with liberty to file it before

the court of competent jurisdiction.
Thereafter, the petitioner filed an application for refund of
the court fees. This application has been rejected only on the
ground that the appeal has been disposed of on merits. We are
unable to agree with the High Court. What has been disposed of is
only the rejection order under Order VII Rule 10 of the Code of
Civil Procedure. This is no order on the merits of the suit. The
effect is that the plaint has been ordered to be returned to be
filed in the appropriate Court. Therefore, the petitioner was
entitled to refund of the court fees so that he can fix the court
fee in the State where he would like to file the suit. We therefore
set aside the order of the High Court and direct that the entire
court fees be refunded to the petitioner.
The special leave petition is disposed of accordingly.
Pending application(s), if any, stands disposed of.

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