Where section 16 of the central Court-fees Act, 1870, applies, what follows when a court refers parties…
Section 16 gives the plaintiff a certificate from the court authorising recovery from the Collector of the full fee paid on the plaint. It is a refund provision triggered by…
Choose your answer
Where section 16 of the central Court-fees Act, 1870, applies, what follows when a court refers parties to a settlement process under section 89 of the Code of Civil Procedure, 1908?
Answer and explanation
Correct answer C
Section 16 gives the plaintiff a certificate from the court authorising recovery from the Collector of the full fee paid on the plaint. It is a refund provision triggered by the court reference, so it does not excuse payment at filing. State legislation may prescribe a different refund rule.
Option feedback
Option A
Incorrect. Court fee is payable upon institution of the plaint; Section 16 of the Court Fees Act, 1870 provides for a refund after reference under Section 89 CPC, not an initial exemption at filing.
Option B
Incorrect. Section 16 of the Court Fees Act, 1870 expressly entitles the plaintiff to a full refund of the fee paid in respect of the plaint when the Court refers the parties to a mode of settlement under Section 89 CPC.
Option C
Correct. Under Section 16 of the Court Fees Act, 1870, where the Court refers the parties to the suit to any one of the modes of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908, the plaintiff shall be entitled to a certificate from the Court authorizing him to receive back from the Collector the full amount of the fee paid in respect of such plaint.
Option D
The central rule entitles the plaintiff to a court certificate to recover the full fee from the Collector.
Practice for these exams
-
Assam Higher Judicial Service