P&H: Defendants are not required to be heard in refund of excess court fee as matter is between Court and Plaintiff
Punjab and Haryana High Court has held that an application seeking refund of excess court fee is essentially a matter between the plaintiff and the Court, and the defendants need not be issued notice in such proceedings.
Justice Vikram Aggarwal was hearing a revision petition filed under Article 227 of the Constitution challenging an order which had refused to dispense with service of the defendants.
The case arose from a suit for possession by way of specific performance. The suit was partly decreed, with the relief of specific performance and permanent injunction rejected, while the plaintiff was granted recovery of...
