M.Sailaja And 2 Others v. State Bank Of India, Commercial Branch

A.No.732 of 2022 A.No.732 of2022 in CS.D.No.79307 of 2020 P.VELMURUGAN.,J This application has been filed by the applicants/plaintiffs to direct the Registry to refund the Court Fee of Rs.1,05,650/-[Rupees One Lakh Five Thousand, Six hundred and fifty only], which was paid in suit in C.S.D.No.79307 of 2020.

2. Registry has returned the plaint stating the reason that the plaint is not maintainable. At the instance of the applicant, the matter was listed before this Court under the caption "for maintainability". Learned counsel for the applicant has made all his submissions and after hearing the submissions, this Court has passed the detailed order and also rejected the plaint. Section 2(2) of C.P.C., makes that the decree includes the rejection of plaint. Therefore, once the Court has passed a decree, this applicants/plaintiffs are not entitled for refund of Court fees. Hence, this application is dismissed. 25.03.2022 mfa https://www.mhc.tn.gov.in/judis 1/2

A.No.732 of 2022 P.VELMURUGAN.,J mfa A.No.732 of2022 in CS.D.No.79307 of 2020 25.03.2022 https://www.mhc.tn.gov.in/judis 2/2