1. The defendants in a suit for recovery of money are the petitioners. The respondent is the plaintiff.

2. It is seen from the judgment that the suit was decreed on confession; that is, the suit was decided solely on the admission of the defendants.

3. The petitioners simultaneously moved the court below under S.69 of the Court Fees Act for an order directing refund of one half of the court fee paid on the plaint. The court below rejected the application entering the following finding:

"Here after issues were raised on 8-8-83 the suit was posted to 23-11-83 after several adjournments. The defendants did not press their contentions subsequently. So it is not a disposal coming within S.69 of the Court Fees Act and hence refund of 1/2 fee is disallowed "

4. The question that arises for consideration is whether the order of the court below refusing refund of one half of the court fee to the plaintiff is proper or not. The answer depends upon the construction of S.69 of the Court Fees Act. S.69 reads:

"69. When a suit or appeal is compromised or when a suit is decided solely on the admission of the parties without any investigation, one-half of the Court fee paid on the plaint