S.L. BHAYANA, J.

1. By this order, I propose to dispose of IA No. 9711/09 filed by plaintiff thereby seeking refund of court fees.

2. By virtue of this application filed under Section 16 of Court Fee Act 1870, plaintiff/applicant is thereby praying for refund of court fees which was paid by the applicant with the plaint.

3. Instant suit was a suit for recovery of money against the defendants registered as CS (OS) 156/2009,vide order dated 27/5/09 this suit was decreed on joint application moved by both the parties being IA No.7283/09 under Order XXIII Rule 2 CPC filed by the parties on the basis of which the suit stands disposed of.

4. On the other hand the registry of this court vide reference dated 16/9/2009 has raised objection regarding the refund of court fees on the ground that court fees can be returnable only in the manner provided under Section 16 of Court Fees Act, which provides that court must refer the parties to the suit to any one of the modes of settlement of disputes referred to Section 89 of CPC but in this case parties have not settled their dispute through any of the modes prescribed under Sec 89 of CPC so the court fees cannot be refunded to them.

5. Th