Nanu Ram Kataria vs Ram Ratan Saini
2022 Latest Caselaw 6672 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No.516/2018

Nanu Ram Kataria S/o Late Shri Lachhu Ram, R/o Village
Bishnawala Near Tejaji Temple, Post-Meenawala, Sirsi Bindayaka
Road, Jaipur. Second Address- C/o Anil Special Steel Industries
Ltd. Meenawala, Kanakpura, Sirsi Bindayaka Road, Jaipur,
Rajasthan.
                                                      ----Appellant/defendant
                                   Versus
Ram Ratan Saini S/o Late Shri Kanahaiya Lal Saini, Caste Saini,
R/o House No. 36-A, Krishna Colony, Naya Kheda, Ambabadi,
Jaipur.
                                                      ----Respondent/plaintiff

For Appellant(s)         :     Mr. Pyare Lal
For Respondent(s)        :



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

14/10/2022

1. Appellant-defendant has filed this first appeal challenging the

judgment dated 06.04.2018 passed by the Court of Additional

District Judge No.18, Jaipur Metropolitan in Civil Suit No.364/2012

whereby and whereunder the decree for recovery of money

passed in favour of respondent-plaintiff and against the appellant-

defendant.

2. Counsel for appellant at bar submits that with the spirit of

National Lok Adalat, both parties have amicably settled their

dispute out of the court and the impugned decree stands satisfied.

3. Accordingly, in view of such compromise, appellant-

defendant wants to withdraw this appeal, but his request to refund

the court fee paid by the appellant in this first appeal.

(2 of 2) [CFA-516/2018]

4. This Court is of opinion that when both parties have amicably

settled their dispute out of Court having the spirit of National Lok

Adalat, provisions of Section 65(B) of The Rajasthan Court Fees

and Suit Valuation Act, 1961, be applied and in such situation,

court fees paid by appellant may be ordered to be refunded as an

incentive.

5. Following the ratio of judgments in cases of High Court of

Judicature at Madras Vs. M.c. Subramaniam [(2021) 3 SCC

560], Mool Singh Vs. Abdul Jabbar [(2012) 1 DNJ Raj. 31],

Mangi Lal Vs. State of Raj. [(2018) 3 RLW 2129 Raj.] and in

S.B. Civil First Appeal No.576/2015; Avdesh Kumar Gupta

vs. Ramavatar Gupta And Anr., this Court is of opinion to grant

the prayer of appellant. Hence, the Court fees paid by appellant in

the present appeal is allowed to be refunded.

6. In view of above, the first appeal stands disposed of in

aforesaid terms.

7. Accordingly, Registrar (Judicial) is directed to do the needful

to refund the Court fees paid by appellant in the present first

appeal.

8. All pending application(s), if any, stand(s) disposed of.

(SUDESH BANSAL),J

SAURABH/5

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