Section 61 & 62 Rajasthan Court Fees, 1961: Refund of Court Fees in Case of Rejection or Remand

Refund Where a Case or Appeal is Disallowed (Section 61)

When a plaint under Order 7, Rule 11 of the Civil Procedure Code, or an appeal under Order 41, Rules 3 or 11, is disallowed by a court, the judge can return part or whole of the court fee to the plaintiff or the appellant, at his discretion.

For instance, in case an individual makes an appeal and it gets dismissed for lack of adherence to the legal procedure, the court can choose to refund part or all of the court fee collected.

But if the appeal is denied on the ground that it has been made late, then only half of the fee will be refunded. This is to avoid plaintiffs and appellants losing their entire money on account of procedural errors, but at the same time, uphold legal discipline.

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Refund When a Case is Sent Back for Fresh Decision (Section 62)

When a higher court reverses the dismissal of a plaint or appeal by a lower court and directs that it be heard afresh, the higher court can instruct for a full refund of the appeal court fee. This is the case when a case is remitted for fresh consideration by the lower court after an appeal.

For instance, if a district court unjustly rejects a case, and the High Court directs the case to be reheard, then the High Court can permit the refund of the full court fee paid for the appeal.

If the remand occurs in a second appeal or appeal over a single judge’s order in the Rajasthan High Court, the refund may include the entire court fee of both the first and second appeals. But if the remand occurred due to an error committed by the party who filed the appeal, no refund will be provided. Also, if only a portion of the case is returned for reconsideration, only that portion will be refunded.

These provisions help to ensure that individuals are not inappropriately burdened with court costs when their cases are improperly denied or must be reexamined.