Out-of-court settlement: Parties to get court fee refund

Delhi Assembly on Monday passed an amendment bill seeking to refund portion of the court fee to petitioners if the warring parties go for an out-of-court settlement.

Last Updated: Nov 29, 2010, 22:16 PM IST

New Delhi: Delhi Assembly on Monday passed an
amendment bill seeking to refund portion of the court fee to
petitioners if the warring parties go for an out-of-court
settlement.

The Court Fees (Delhi Amendment) Bill, 2010 was passed by
the Assembly by a voice vote in the absence of of BJP MLAs,
who had been expelled for three working days on Friday after
they caused ruckus demanding a House panel probe into alleged
corruption in Commonwealth Games spending.

The Statement of Objects and Reasons of the bill noted
that the Court Fees Act, 1870, as in force in the national
capital does not have a provision to refund the court fee in
cases where the parties settle their cases on their own or
with the intervention of the court.

The provisions of the bill will be applicable when any
suit is dismissed as settled out of court before any evidence
has been recorded on the merits of the claim, any suit ends in
a compromise decree before any evidence has been recorded on
the merits of the claim or any appeal is disposed of before
the commencement of its hearing.

"Half the amount of all fees paid in respect of the claim
or claims in the suit or appeal shall be ordered by the court
to be refunded to the parties by whom the same have been
respectively paid," said the bill, which was moved for
consideration and passing by Law Minister Mangat Ram Singhal.

PTI