Court Fee Act, 1870, Section 16 – Civil Procedure Code, Section 89 – Specific Relief Act, 1963, Section 38 – Section 16 of the Act and Section 89 of cpc emphasize the legislature's effort to settle cases through alternative dispute resolution mechanisms.
- The intent is to end litigation permanently, and a settlement under Section 89 CPC means a complete end to the litigation.
- The fact that a matter wasn't settled in a daily Lok Adalat shouldn't prejudice the petitioner-plaintiff.
- Daily Lok Adalats are common in Haryana, with every Court of the Sessions Division converting into one after court hours.
- The primary question in the petition is whether the court fee should be refunded to the petitioner-plaintiff after a settlement is recorded and accepted by the Court.
- Every Civil Court aims to settle matters as per Section 89 CPC. When such settlements are reached, Section 16 of the Act should be invoked.
- Even if a plaintiff doesn't apply for a refund, the Court should proactively issue a certificate allowing the plaintiff to receive back the court fee from the Collector.
- This provision also applies to counterclaims in suits, appeals, and other related legal actions.
- To support Section 89 of CPC, the Parliament amended the Court Fee Act, 1870 by adding Section 16. This amendment promotes the use of alternative dispute resolution for speedy case resolutions.
- Whether a compromise is court-persuaded or mutually agreed upon, Section 16 of the Act should always be invoked to encourage settlements through alternative dispute resolution mechanisms.
- [Paras 7, 8, 9, 10 11 16 and 17]
