Section 73. Repayment of half fees on settlement before hearing

(2) For the marginal note to the said section 73, the following shall be substituted, namely:-- "Repayment of fees under certain circumstances." [ Vide Bombay Act XLIV of 1955, s. 2] 73. Repayment of half fees on settlement before hearing. —Whenever any such suit or proceeding is settled by agreement of the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the Small Cause Court to the parties by whom the same have been respectively paid. 3. The words and figures "section 38 or" rep. by Act 7 of 1896 . STATE AMENDMENT Maharashtra Amendment of section 78 of Act XV of 1882 .—In Section 73 of the Presidency Small Cause Courts Act, 1882 (XV of 1882), shall be renumbered as sub-section (1) of that section, and in subsection (1) so renumbered after the words "have been respectively paid" the following proviso and sub-section shall be inserted, namely:-- "Provided that no such fees shall be repaid if the amount of institution fee on the plaint or application does not exceed five rupees or the claim for repayment is not made within one year from the date on which the suit or proceeding was so settled.