Court fee refund follows return of plaint for lack of jurisdiction, since no adjudication on the merits has occurred.

When a plaint is returned for presentation before the court of competent jurisdiction on the ground of lack of jurisdiction, that disposal is not an adjudication on the merits of the suit. In such circumstances, the litigant is entitled to refund of the entire court fee so the plaint may be re-presented before the proper forum with the appropriate fee. The order refusing refund was set aside.

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Issues: Whether court fees are refundable when a plaint is returned for presentation before the court of competent jurisdiction and the order is not one deciding the suit on merits.

Analysis: The order under challenge was only one returning the plaint on the ground of lack of jurisdiction. Such a disposition does not amount to adjudication of the suit on merits. When a plaint is returned to be filed before the proper court, the litigant is entitled to seek refund of court fees so that the plaint may be re-presented in the appropriate forum with the proper fee.

Conclusion: The petitioner was entitled to refund of the entire court fees, and the order refusing refund was set aside.

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