CHAPTER III FEES IN OTHER COURTS AND IN PUBLIC OFFICES

Section 15: Refund where Court reverses or modifies its former decision on ground of mistake

Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorising him to receive back from the Collector so much of the fee paid on the ¹[application] as exceeds the fee payable on any other application to such Court under the second schedule to this Act, No. 1, clause (b) or clause (d).

But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.

Tripura

Amendment of Section 15.—In section 15 of the principal Act, the expression “the applicant shall be entitled to a certificate from the court authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the second schedule to this Act”, shall be substituted with the expression “the applicant shall be entitled to a certificate from the court authorizing him to receive back from the Collector or by way of electronic transfer in such manner as may be prescribed, so much of the fee paid on the application as exceeds the fee payable on any other application to such court under the second schedule to this Act.”

[Vide Tripura Act 17 of 2020, s. 4]

Footnotes in the official text

1.Subs. by Act 20 of 1870, s. 1, for “plaint or memorandum of appeal”.

Questions on this section

3 questions in 3 of our papers cite Section 15. Try these from the free papers:

1. Consider the following statements under Section 15 of the Court-fees Act, 1870: 1. Where a review application is admitted and, on rehearing, the Court reverses its decision on the ground of a mistake in law or fact, the applicant is entitled to a refund certificate. 2. The applicant is entitled to the certificate even where the reversal is due partly to fresh evidence which might have been produced at the original hearing. 3. The refund is of so much of the fee paid on the review application as exceeds the fee payable on any other application to that Court under item No. 1, clause (b) or clause (d), of the second schedule. Which of the statements given above are correct?
2. In its application to Chhattisgarh, the Court-Fees (Chhattisgarh Amendment) Act, 2017 changed the reference in Section 15 of the Court-fees Act, 1870 to the clauses of No. 1 of the second schedule so that it now reads:

Practise questions on Court Fees and Suits Valuation