Question
Where the court refers the parties to the suit to the
mode of settlement of dispute referred to section 89 of C.P.C. plaintiff shall be entitled to refund of court fees under section of court fees Act.Solution
If a case is settled between the parties after it being referred for settlement by the Court under Section 89 of the CPC, in that case the court fee can be refunded in terms of Section 16 of the Court fees Act, 1870. As per Section 16 of the Court Fees Act, S. 16. Refund of fee. — Where the court refers the parties to the suit to any one of the modes of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908 the plaintiff shall be entitled to a certificate from the court authorizing him to receive back from the Collector, the full amount of the fee paid in respect of such plaint.
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