CHAPTER VI MISCELLANEOUS

Section 43: Repayment of fee in certain circumstances

The Gujarat Court-fees Act, 2004

How current this text is

Text as published by India Code for the Government of Gujarat (Legislative and Parliamentary Affairs Department print, as modified up to 31 January 2024), with amendments up to Guj. 14 of 2016.

The marginal notes printed beside the clauses of section 6 and beside the second paragraph of section 34 are shown as small headings above the clause they label.

(1) When any suit in a Court is settled by agreement of parties before any evidence is recorded, or any appeal or cross objection is settled by agreement of parties before it is called on for effective hearing by the Court, half the amount of the fee paid by the plaintiff, appellant, or respondent on the plaint, appeal or cross objection, as the case may be, shall be repaid to him by the Court:

Provided that no such fee shall be repaid if the amount of fee paid does not exceed one hundred rupees or the claim for repayment is not made within one year from the date on which the suit, appeal or cross objection was settled by agreement.

(2) The State Government may, from time to time, by order, provide for repayment to the plaintiffs, appellants or respondents of any part of the fee paid by them on plaints, appeals or cross objections, in suits or appeals disposed of under such circumstances and subject to such conditions as may be specified in the order.

Explanation. - For the purpose of this section, effective hearing shall exclude the dates when the appeal is merely adjourned without being heard or argued.

Questions on this section

1 question in 2 of our papers cite Section 43. Try these from the free papers:

1. S paid a court-fee of Rs. 30,000 on his plaint. Before any evidence was recorded, the suit was settled by agreement of the parties. Eight months later, S applies for repayment. Under Section 43(1) of the Gujarat Court-fees Act, 2004, S is entitled to repayment of:

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