Final Order 1

Order Details: Other
Pdf Text: 03.03.2020
07
CORAM : HIS HONOR JUDGE, CITY CIVIL COURT
SHRI. V.V. VIDWANS (Court Room No. 03)
MA 23/20
(SU 2802/15
Disp)
Adv. Rohan Bansal for applicant present.
None present for respondent.
Heard Ld. counsel for the applicant.
It is submitted that on 15.12.2015, suit was referred for
mediation and the matter was settled as per consent terms. Court
had passed the consent decree on the same day, as per order on
consent term vide ExA filed on record.
As per consent terms, plaintiff and defendant had agreed to have
1/4th share each in the suit property and for the purpose of
payment of court fees, valuation of the suit property was required
to be done by appointing Court Commissioner. Accordingly, the
Court Commissioner was appointed for valuation and distribution
of suit property, as per Exh. B and C filed on record.
Commissioner has submitted his report on 13.11.2019 vide Exh.
D. It is submitted by Ld. counsel for the applicant that he was
under the impression that the affidavit in support of the
application for refund of court fee was to be made after
completing the above said procedure, but when such application
was made he was informed that it is beyond the time of one year.
Hence, orders from the court will be necessary. It is submitted
that the delay which has taken place in applying for refund of
court fees is not deliberate and intentional, but due to
misunderstanding of the applicant. The delay needs to be
condoned in the interest of justice.
After hearing the Ld. counsel for the applicant, I am satisfied by
the reason submitted before the court and the facts and
circumstances brought on record as per documents filed with
application. Hence, the application is allowed by condoning
the delay, if any. Application is disposed of.
Office is directed to refund the court fees as per rules.
Judge
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