The High Court of Rajasthan allowed an application under Order 23 Rule 1 CPC for withdrawal of a first appeal. The court held that the analogy of Section 65(B) of the Rajasthan Court Fees And Suit Valuation Act, 1961 applies, granting a refund of the court fees paid.
Refund of court fees of Rs. 2,25,460/- to the appellants.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 597/2018
(2 of 3)
[CFA-597/2018]
Rajasthan
----Respondents-Defendants
For Appellant(s) : Mr. Manoj Kumar Bhardwaj Mr. Suresh Gurjar For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
12/07/2022
(3 of 3)
[CFA-597/2018]
Ramavatar Gupta And Anr. vide order dated 20.04.2022 allowed the refund of Court fee to appellants on withdrawal of appeal.
(SUDESH BANSAL),J
NITIN /108
2 issues framed by the court
Whether the appellant, having settled the dispute out of court, is entitled to a refund of the court fees paid.
Whether Section 65(B) of the Rajasthan Court Fees And Suit Valuation Act, 1961 applies to the withdrawal of the first appeal.
Colour shows how this judgement treated each authority
Mool Singh Vs. Abdul JabbarFollowed¶28
Mool Singh Vs. Abdul Jabbar [(2012) 1 DNJ Raj. 31]
Mangi Lal Vs. State of RajasthanFollowed¶28
Mangi Lal Vs. State of Raj. [(2018) 3 RLW 2129 Raj.]
Avdesh Kumar Gupta vs. Ramavatar Gupta And Anr.Followed¶28
Avdesh Kumar Gupta vs. Ramavatar Gupta And Anr.
2 provisions across 2 enactments
Bhanwar Lal S/o Shri Bheru
Hanuman Sahay S/o Shri Bheru
Ramchandra Meena
Mukesh Kumar S/o Shri Murari Lal Meena
Deepak Goyal
State Of Rajasthan
Sudesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
