Summary:
By Express News ServiceCHENNAI: Once a case is settled out of court, either through arbitrator, conciliator, mediator or through a Lok Adalat pursuant to orders of the court or settled between the parties through their own conciliators, mediators or through their respective counsel, then the parties are entitled to refund of full court fee, Madras High Court has held. He was allowing a writ petition from MC Subramaniam of Coimbatore, who prayed for a directive to High Court Registry to refund court fee. The scope of settlement by the parties to the appeal suit out of court, neither be restricted nor be narrowed down. The very purpose and object of amendment to Code of Civil Procedure as well as the Act is to encourage litigants to settle disputes out of court. Thus, courts cannot restrict the scope or discriminate litigants, who have settled the issues out of Court in a particular manner under Section 89 of Code of Civil Procedure, the judge said..