Sagar Enterprises Vs. the Registrar, City Civil Court - Court Judgment

Excerpt:
.....66 of the act, receiving affidavit of the plaintiff in lieu of oral evidence cannot be treated as 'evidence recorded'. the court below erred in refusing to order for refund of court fee as per section 66 of the act. ; (b) civil procedure code, 1908 - order 18 rule 4 - whether receipt of plaintiff's affidavit in lieu of oral evidence as per rule 4 to order 18 cpc is sufficient to hold that evidence is recorded within the scope of section 66 of the act - held, the amendment by way of adding rule 4 to order 18 of the code of civil procedure is with an intention to reduce prolonged litigation - receiving affidavit of p.w.1 in lieu of oral evidence cannot be treated as 'evidence recorded'. ; admittedly, the court has not spent any time in recording evidence in suit. further, the defendant..........prolonged litigation - receiving affidavit of p.w.1 in lieu of oral evidence cannot be treated as 'evidence recorded'. held:admittedly, the court has not spent any time in recording evidence in suit. further, the defendant has cross examined pw-1. on the other hand, the plaintiff and the defendant, by mutual consent, have got their dispute settled out of court. in this regard, it will be useful to refer to the decision reported in ilr 1985 kar 2385 (p.b. rai v. reza mali). in the above-said case, this court has held that the benefit of refund of half the amount of court fee paid on the claim in a suit, made available to a suitor under section 66 of the act was intended to achieve dual beneficial purposes, viz., (i) of encouraging parties to a suit, to settle by agreement, the claim in.....

Judgment:
ORDER

18 RULE 4 - Whether receipt of plaintiff's affidavit in lieu of oral evidence as per Rule 4 to Order 18 CPC is sufficient to hold that evidence is recorded within the scope of Section 66 of the Act - HELD, the amendment by way of adding Rule 4 to Order 18 of the Code of Civil Procedure is with an intention to reduce prolonged litigation - Receiving affidavit of P.W.1 in lieu of oral evidence cannot be treated as 'Evidence recorded'.

Held:

Admittedly, the Court has not spent any time in recording evidence in suit. Further, the defendant has cross examined PW-1. On the other hand, the plaintiff and the defendant, by mutual consent, have got their dispute settled out of Court. In this regard, it will be useful to refer to the decision reported in ILR 1985 KAR 2385 (P.B. Rai v. Reza Mali).

In the above-said case, this Court has held that the benefit of refund of half the amount of Court fee paid on the claim in a Suit, made available to a Suitor under Section 66 of the Act was intended to achieve dual beneficial purposes, viz.,

(i) of encouraging parties to a suit, to settle by agreement, the claim in such suit out of Court itself that too, in the very initial stages of such suit, so that they may be saved of their time and expenses of a prolonged litigation, and

(ii) of giving relief to the Court concerned which is invariably over-burdened.

Writ Petition allowed.