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Section 13 Court Fees Act 1870 - Refund of Court Fee on Appeal

Section 13 of the Court Fees Act, 1870 deals with refund of the court fee paid on a memorandum of appeal in specified situations, particularly where a rejected plaint or appeal is ordered to be received or where a suit is remanded for a fresh decision.

Current-law reference: The original text contains historical references to the earlier Code of Civil Procedure. For present understanding, the corresponding remand provision is Order XLI Rule 23 of the Code of Civil Procedure, 1908. Court-fee law is also affected by State amendments, so the applicable State law should be checked before relying on the central text.
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Meaning of Section 13 of the Court Fees Act, 1870

The provision creates a statutory mechanism for refund of the fee paid on a memorandum of appeal when the conditions stated in Section 13 are satisfied. Instead of treating every successful appeal as a ground for refund, the section is directed to the situations specifically described in the provision.

Where Section 13 applies, the appellate court grants a certificate authorising the appellant to receive the refundable court fee from the Collector. The amount of refund depends on whether the remand concerns the whole suit or only part of its subject matter.

Section 13 - Refund of fee paid on memorandum of appeal

If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal on the relevant ground for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate authorising him to receive back from the Collector the full amount of fee paid on the memorandum of appeal.

Proviso: If an order of remand does not cover the whole subject matter of the suit, the certificate does not authorise refund beyond the fee that would have been payable on the part or parts of the subject matter in respect of which the suit has been remanded.

The paragraph above is a reader-friendly presentation of the operative effect. The historical central enactment should be consulted for its exact statutory wording and applicable State modifications.

When can court fee be refunded under Section 13?

In practical terms, Section 13 is relevant where an appellate court makes an order of the kind contemplated by the provision. The statutory focus is on the appellate court ordering receipt of a matter earlier rejected by the lower court, or remanding a suit for a second decision on the corresponding procedural ground.

Situation Effect under Section 13
Rejected appeal or plaint is ordered to be received in circumstances covered by the section The appellate court may issue the statutory certificate for refund as provided by Section 13.
Whole suit is remanded for a second decision on the relevant ground The provision contemplates refund of the full fee paid on the memorandum of appeal.
Only part of the subject matter is remanded Refund is restricted proportionately to the part or parts covered by the remand.

Refund where only part of the suit is remanded

The proviso to Section 13 prevents a full refund where the appellate order remands only part of the dispute. In that situation, the certificate is limited to the amount attributable to the part of the subject matter actually remanded.

Odisha State amendment to Section 13

The uploaded text records the State amendment enacted as Orissa Act 7 of 2002. The amendment renumbers the existing Section 13 as sub-section (1), modernises the CPC reference to Order XLI Rule 23, and inserts a further refund provision concerning compromise or settlement before a Lok Adalat.

Lok Adalat settlement: Under the recorded Odisha amendment, where a compromise or settlement is arrived at by a Lok Adalat in a case referred under Section 20(1) of the Legal Services Authorities Act, 1987, the referring court grants the prescribed certificate to the party or parties who paid court fee, authorising refund of the fee so paid.

The amendment was historically enacted under the name "Orissa". The State is now officially known as Odisha. The wording and continuing application of State amendments should be verified from the current State legislation or official publication applicable to the proceeding.

Order XLI Rule 23 of the Code of Civil Procedure, 1908

Order XLI Rule 23 concerns remand by an appellate court in the circumstances specified in that rule. It is the present CPC provision corresponding to the historical remand reference appearing in Section 13 of the Court Fees Act.

Section 16 of the Court Fees Act, 1870

Section 16 separately addresses refund where a court refers parties to a mode of settlement mentioned in Section 89 of the Code of Civil Procedure, 1908. It should not be confused with the specific remand-based refund mechanism under Section 13.

Section 20 of the Legal Services Authorities Act, 1987

Section 20 governs cognizance of cases by Lok Adalats, including reference of appropriate pending cases to a Lok Adalat subject to the statutory conditions. This provision is relevant to the Lok Adalat refund language contained in the Odisha amendment reproduced on this page.

Official legal resources

For the current official text and amendments, readers may verify the enactments on the Government of India's India Code portal:

Important: Court fees are substantially affected by State legislation and State amendments. Before calculating or claiming a refund, check the Court Fees Act or court-fee legislation applicable in the State or Union Territory concerned and the terms of the appellate order.