- (1.) This writ petition is directed against the order dated 10.3.2011 passed by the Rent Tribunal, Jaipur Metropolitan in Original Application No.860/2010 whereby even after taking note of the compromise between the parties, it has been held that the court is not competent to issue direction for refund of the court fees as the said compromise is not in the Lok Adalat or through ADR conciliation.
(2.) Counsel for the petitioner has placed reliance on the Rajasthan Court Fees and Suits Valuation (Amendment) Act, 2009 whereby in the Rajasthan Court Fees and Suits Valuation Act, 1961 (for short 'the Act of 1961') after the existing Section 65A, the following new Section 65B has been added: "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."
(3.) Counsel for the petitioner further submits that as per the aforesaid newly inserted Sec.65B, in case of settlement of the dispute, the petitioner 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 which is also applicable in a suit decided on the basis of compromise but the trial court has not applied the said provision of the Act of 1961.;