Section 11
When Case Is Dismissed, Canceled Or Compromised
(1) No fee for compromise (Baksauni) shall be charged on a case filed upon paying, or on the condition of the payment of, the whole court fee, and if that case is dismissed, canceled (Kharej), no punishment shall be imposed for the same.
(2) Where a case chargeable with the court fee has been filed without collecting the court fee is to be compromised in accordance with the prevailing law, compromise can be executed only upon collecting the remaining shortfall court fee, upon deducting the court fee paid from the court fee chargeable on the matters to be compromised payment, from the plaintiff or appellant. Where a case is dismissed or canceled (Kharej), the remaining shortfall court fee, upon deducting the court fee paid from the court fee chargeable pursuant to this Act, shall be recovered from the plaintiff or appellant in accordance with this Act.
(3) Despite that a case is dismissed or canceled after the filing of the case upon charging the court fee or subject to the payment of the court fee, no court fee already collected or about to be collected can be refunded or waived in any case. However, where such a case is compromised, only half the total figure of the court fee chargeable by this Act shall be collected, and surplus court fee collected, if any, shall be refunded and the remaining, if any, unchargeable shall be remitted. Provided that, in the event of cancellation of a case, if the case could not be instituted by the very writing of the suit or complaint but it appears that the case was filed by collecting the court fee by mistake of the court, the court fee remaining upon deducting the suit fee (Nales Dastur) chargeable pursuant to the prevailing law22 shall be refunded.
(4) Where a case which has already been dismissed, canceled or compromised in accordance with the procedures prescribed by law is revived in any manner and retried by a complaint of the litigant, the litigant on the complaint of whom the case is so retried shall pay again the court fee chargeable by this Act at the original or appellate level at which the case is being tried.
(2) Where a case chargeable with the court fee has been filed without collecting the court fee is to be compromised in accordance with the prevailing law, compromise can be executed only upon collecting the remaining shortfall court fee, upon deducting the court fee paid from the court fee chargeable on the matters to be compromised payment, from the plaintiff or appellant. Where a case is dismissed or canceled (Kharej), the remaining shortfall court fee, upon deducting the court fee paid from the court fee chargeable pursuant to this Act, shall be recovered from the plaintiff or appellant in accordance with this Act.
(3) Despite that a case is dismissed or canceled after the filing of the case upon charging the court fee or subject to the payment of the court fee, no court fee already collected or about to be collected can be refunded or waived in any case. However, where such a case is compromised, only half the total figure of the court fee chargeable by this Act shall be collected, and surplus court fee collected, if any, shall be refunded and the remaining, if any, unchargeable shall be remitted. Provided that, in the event of cancellation of a case, if the case could not be instituted by the very writing of the suit or complaint but it appears that the case was filed by collecting the court fee by mistake of the court, the court fee remaining upon deducting the suit fee (Nales Dastur) chargeable pursuant to the prevailing law22 shall be refunded.
(4) Where a case which has already been dismissed, canceled or compromised in accordance with the procedures prescribed by law is revived in any manner and retried by a complaint of the litigant, the litigant on the complaint of whom the case is so retried shall pay again the court fee chargeable by this Act at the original or appellate level at which the case is being tried.