The Supreme Court has stated in its decision that parties who privately deal with cases under Section-89 of the Civil Procedure Code will receive a full charge of the case by mutual agreement. With this Supreme Court ruling, plaintiffs are prompted to settle civil cases with mutual understanding. The Supreme Court has approached the Supreme Court challenging the administrative decision of the Madras High Court over the dispute between the parties in Section 89A of the CPC, Section 69A of the Tamil Nadu Fee Court and the Arbitration Act 1955. The settlement will be included. All of these methods have subsequently come to court legally.
Section 69A of the Act of 1955 and Section-89 of the CPC deals with the reimbursement for dispute settlement. Accordingly, the court shall notify any party to settle the dispute referred to in section 89 of the CPC, after which the fees paid will be reimbursed. There is no need to wait for a dispute settlement.
In the present case, while the appeals are still pending before the High Court, the parties entered a private dispute outside the court and settled the dispute. But the High Court refused to reimburse the court fees for the reason that the court did not authorize such rules.
Justice M.M. Shantanagoudar’s court rejected the decision. “In our opinion, this ruling clearly leads to an absurd and unfair outcome where, if two parties are disposing of their cases without reference, they will be entitled to a refund of the fees,” the tribunal said.
Dispute Settlement Procedures
There are four ways to dispose of a lawsuit under section 89: – (a) arbitration; (B) harmony; Judicial settlement, including settlement by (c) Lok Adalat and (d) Mediation.
The fee method
– The fee for civil lawsuits in court is set in accordance with the ‘Court Fees Liability Act’, which is usually up to 10%.
– No court fee is charged in criminal cases. It is only taken up on appeal when the lower court is penalized with conviction. An appeal to the High Court can be made only after the fines are filed.
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