Sec 61 to 65B Chapter VII (Refunds and Remissions.)The Rajasthan Court Fees and Suits Valuation Act, 1961

61. Refund in cases of rejection of plaint etc.-

(1) Where a plaint is rejected under Order 7, Rule 11 or a memorandum of appeal is rejected under Order 41, Rules 3 or 11 of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), the Court may, in its discretion, direct the refund to the plaintiff or the appellant of the fee either in whole or in part, paid on the plaint or memorandum of appeal which has been rejected.

(2) Where a memorandum of appeal is rejected on the ground that it was not presented within the time allowed by the law of limitation, one-half of the fee shall be refunded.

62. Refund in cases of remand.-

(1) Where a plaint or memorandum of appeal which has been rejected by the lower Court is ordered to be received, or where a suit is remanded in appeal for a fresh decision by the lower Court, the Court making the order or remanding the appeal may direct the refund to the appellant of the full amount of fee paid on the memorandum of appeal and, if the remand is on second appeal, also on the memorandum of appeal in the first appellate Court, and, if the remand is on an appeal from the judgment of single Judge of the High Court of Rajasthan under any law for the time being in force, also on the memorandum of second appeal and memorandum of appeal in the first appellate court.

(2) where an appeal is remanded in second appeal or in an appeal from the judgment of a single Judge of the High Court of Rajasthan under any law for the time being in force, for a fresh decision by the lower appellate Court, the High Court remanding the appeal may direct the refund to the appellant of the full amount of fee paid on the memorandum of second appeal if the remand is in second appeal and of the full amount of fee paid on the memorandum of second appeal, and the memorandum of appeal from the judgment of a single Judge of the High Court of Rajasthan under any law for the time being in force, if the remand is on such latter appeal:

Provided that, no refund shall be ordered if the remand was caused by the fault of the party who would otherwise be entitled to a refund:

Provided further that if the order of remand does not cover the whole of the subject matter of the suit, the refund shall not extend to more than so much fee as would have been originally payable on that part of the subject-matter in respect where of the suit has been remanded.

63. Refund on grounds of mistake.-

(1) Where an application for a review of judgment is admitted on the ground of some mistake or error apparent on the face of the record, and on rehearing the Court reverses or modifies its former decision on that ground, it shall direct the refund to the applicant of so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under Article 11(g) and (h) of Schedule II.

(2) Any fee paid by mistake or inadvertence shall be ordered to be refunded to the person paying the same.

64. Exemption of certain documents.-

Nothing contained in this Act shall render the following documents chargeable with any fee:-

(i) Mukhtarnama, vakalatnama or other written authority to institute or defend a suit when executed by a member of any of the Armed Forces of the Union not in civil employment;

(ii) application relating to supply for irrigation of water belonging to Government;

(iii) first application (other than a petition containing a criminal charge of information) for the summons of a witness or other person to attend either to give evidence or to produce a document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court;

(iv) bail bonds in criminal cases, recognizances to prosecute or give evidence and recognizances for personal appearance or otherwise;

(v) petition, application, charge or information respecting any offence when presented, made or laid to or before a police officer;

(vi) petition by a prisoner or other person in duress or under restraint of any Court or its officer;

(vii) complaint of a public servant as defined in the Indian Penal Code, 1860 (Central Act 45 of 1860) or an officer of the State Railway relating to matters arising out of, or in connection with, the discharge of his official duty;

(viii) application for the payment of money due by the State Government to the applicant, other than an application for refund of lapsed deposit made six months after the date on which the amount lapsed to the State Government;

(ix) petition of appeal against any municipal tax;

(x) an application for compensation under any law for the time being in force relating to the acquisition of property for public purposes;

(xi) petition of appeal by a Government servant or a servant of the Court of Wards when presented to any superior officer or Government against orders of dismissal, reduction or suspension; copies of such orders filed with such appeals, and applications for obtaining such copies.

Also Check: The Rajasthan Court Fees and Suits Valuation Act Free One Liners Notes

65. Power to reduce or remit fees. -

The State Government may, by notification in the official Gazette, reduce or remit, in the whole or in any part of the territory of this State, all or any of the fees chargeable under this Act, and may, in like manner, cancel or vary such notification.

[65A. Power to exempt fees. -

The State Government may be notification in the official Gazette, exempt, in public interest, any class of persons from all or any of the fees chargeable for any category of suits under this Act.]

1 Inserted by section 27 of Rajasthan Act No. 4 of 2007 (The Rajasthan Finance Act, 2007), published in Rajasthan Gazette, Extraordinary, Part IV(A), dated 10-04-2007.

[65B. Refund of Fee. -

Where the Court refers the parties to a suit to any one of the mode of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) and the matter is settled by one of the modes provided under section 89 of the Code of Civil Procedure, the plaintiff shall be entitled to a certificate from the Court authorising him to receive back from the Collector, the full amount of the fee paid in respect of such plaint.]

2 Inserted by section 2 of Rajasthan Act No. 19 of 2009, published in Rajasthan Gazette, Extraordinary, Part IV(A), dated 11-09-2009.

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