Did you know that the court fees you pay—sometimes running into lakhs—are not necessarily a final expense? Especially if you opt for an amicable resolution or settle the matter through Alternative Dispute Resolution (ADR) mechanisms, you could get a full refund of the court fees!
Many litigants overlook this critical legal provision, but it can be a significant financial advantage. Whether you’re negotiating a settlement or exploring mediation, understanding this could save you a lot of money—and avoid leaving hard-earned funds on the table.
Pro-Tip for Litigants:
Always include a ‘Prayer for Costs’ in your plaint or legal filing. This invokes Section 35 of the Code of Civil Procedure, 1908, which empowers the court to direct the losing party to reimburse your litigation expenses, including court fees, if you succeed.
In simpler terms: Win the case—or even settle strategically—and your court fees can be recovered. It’s not just a legal technicality—it’s a smart financial move.
Key Takeaways:
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Court fees can be recovered if the court grants a decree in your favour.
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Settlements through ADR (like mediation or Lok Adalat) often allow full or partial reimbursement.
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Always make your claim for costs explicitly in your pleadings.
Stop writing off court fees as a loss—leverage this powerful provision to protect your finances while pursuing justice.
Explore additional resources about it: Court Fees
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The content may not reflect the most current legal developments and is not guaranteed to be accurate, complete, or up-to-date. Readers should consult a qualified legal professional before taking any action based on the information provided. The authors and publishers disclaim any liability for any loss or damage incurred as a result of reliance on this article. This article does not create an attorney-client relationship.