Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorising him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the Second Schedule to this Act, No. 1, clause (b) or clause (d).
But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to the fresh evidence which might have been produced by the applicant at the first hearing.
Legal Commentary & Landmark Judgments: Section 15
Section 15 of the Court Fees Act, 1870 mandates the refund of court fees paid on an application for review where the Court reverses or modifies its former decision on the ground of a mistake in law or fact without any fault of the applicant.
When a review succeeds because the court overlooked a binding Supreme Court precedent or statutory amendment, explicitly pray for a 100% court fee refund under Section 15 in the operative review order.