R.Srinivasan v. Ms.K.Soundaram

A.No.2332 of 2021 in C.S.No.159 of 2019 A.No.2332 of 2021 in C.S.No.159 of 2019 V.PARTHIBAN, J.

This application has been filed to refund the excess court fee amount to a sum of Rs.96,975/- (Rupees Ninety Six Thousand and Nine Hundred and Seventy Five only) paid by the applicant in C.S.No.159 of 2019.

2. The applicant is the plaintiff in the suit. The suit was filed for declaration of title by adverse possession for the schedule mentioned property in the plaint and in the said suit, the applicant had paid court fees to a sum of Rs.1,97,000/- whereas, the actual court fee is to be paid is Rs.1,00,025/-. But, the applicant has paid an excess court fee of Rs.96,975/- .

3. The respondent has filed an application for rejection of the plaint filed in C.S.No.159 of 2019 as not maintainable and barred by law and this Court has allowed the application filed by the respondents in A.No.3820 of 2019 and rejected the suit filed by the applicant in C.S.No.159 of 2019 dated 17.07.2019. Therefore, the 1/2 https://www.mhc.tn.gov.in/judis/

A.No.2332 of 2021 in C.S.No.159 of 2019 V.PARTHIBAN, J.

gsk applicant has come up with this application before this Court with the above prayer.

4. From the above averments, it appears that the applicant has paid excess court fee of Rs.96,975/-, inadvertently. Therefore, he wants the excess court fee to be refunded.

5. Registry is directed to verify and in case what is stated above is true, Registry is directed to refund the excess court fee of Rs.96,975/- to the applicant / plaintiff in C.S.No.159 of 2019. 14.07.2021 gsk A.No.2332 of 2021 in C.S.No.159 of 2019 2/2 https://www.mhc.tn.gov.in/judis/