In this application for refund of excess court fees filed under Section 151 CPC, the High Court allowed the plaintiff's claim of Rs.50,000 less than the total excess paid, citing a penalty for the six-month delay in raising the matter after the suit was disposed of.
Certificate issued for refund of excess court fees less Rs.50,000 as a penalty for delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Through: Mr. Aditya Nayyar and Mr. Lavish Bhola, Advs.
Versus
SHER SINGH YADAV ..... Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R D E R % 29.01.2020 IA No.1247/2020 (of plaintiff u/S 151 CPC)
RAJIV SAHAI ENDLAW, J.
JANUARY 29, 2020 ‘bs’..
1 issue framed by the court
Whether excess court fees paid in accordance with an amended Court Fees Act that was struck down should be refunded.
2 provisions across 2 enactments
SUBHASH ARORA
SHER SINGH YADAV
RAJIV SAHAI ENDLAW
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
