1. The petitioner filed a suit for recovery of certain amount under a promissory note executed by the defendant. The case stood posted to 17-9-76. The defendant was absent on that date and was declared ex parte. The suit was adjourned to 23 9-76. On 23-9-76, the Advocate for the plaintiff filed a statement which is as follows:

1. This suit has been settled out of court.

2. It is therefore submitted that the suit may be dismissed as settled on plaintiff's admission without taking any evidence and that half court fee may be refunded, under S.69 of the Kerala Court Fees Act."

Following this the suit was dismissed and the plaintiff moved for refund of half of the court-fee, whereupon the Court passed the following order.

"Heard. As per the provisions of the Court Fees Act, refund cannot be allowed unless there is admission of the defendant of the plaint claim. In the instant case, there was no occasion for the same and as such this petition is devoid of merits and hence rejected."

The above order is challenged in this revision petition.

2. S.69 of the Court Fees Act reads:

"When a suit or appeal is compromised or when a suit is decided solely on the admission of the parties withou