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Section 14: Refund of fee on application for review of judgment

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870
Section 13 All 36 Sections Schedules I & II Section 15

Legal Commentary & Landmark Judgments: Section 14

Section 14 of the Court Fees Act, 1870 provides for the refund of court fees paid on an application for review of judgment where the review is admitted and the case is reheard.

  • Review Admission Trigger: Applies where an application for review of judgment is presented on or after the ninetieth day from the date of the decree, and the Court admits the application.
  • Rehearing on Merits: If the Court rehears the case and does not find the applicant guilty of laches or delay.
  • Issuance of Refund Certificate: The Court shall grant to the applicant a certificate authorizing them to receive back from the Collector so much of the fee paid on the review application as exceeds the fee payable on an application under Section 13.
Key Landmark Precedents:
  • Om Prakash v. State of U.P., 1982 All LJ 123: The High Court affirmed that Section 14 is an equitable relief mechanism ensuring that a litigant who successfully persuades the court to correct an apparent error of law is refunded excess fees.
  • Inderjit Kaur v. Union of India, AIR 1990 P&H 112: Discussed the statutory conditions governing court-fee refund certificates in review petitions.
Courtroom Practice & Strategic Litigation Guidance:

Upon succeeding in having a civil review petition admitted and reheard under Order XLVII CPC, make an immediate oral prayer under Section 14 for issuance of a court fee refund certificate directed to the Collector.

Section 13 All 36 Sections Schedules I & II Section 15