P.GOVINDA NAIR, M.S.MENON, M.MADHAVAN NAIR
In Re Varkey Thommi – Appellant
Versus
. – Respondent
1. The Revision Petitioner claimed half the court fee that he paid on an application moved in accordance with the provisions of S.11(2) and (3) of the Kerala Agriculturists Debt Relief Act, 1958. He claimed refund because the parties compromised and the application was dismissed. The prayer for refund has been refused by the court below.
2. The question for decision is whether the petitioner is entitled to refund. Reliance has been placed exclusively on S.69 of the Kerala Court Fees and Suits Valuation Act, 1959 in support of this claim for refund. That section is in these terms:
"69. Refund in cases of compromise or when suit is decided on the admission of parties.- 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 or memorandum of appeal shall be ordered by the Court to be refunded to the parties by whom the same have been paid respectively."
3. It is contended that by virtue of the provision in S.11 (3) of the Kerala Agriculturists Debt Relief Act, we must take it that the court fee had been paid on a plaint. S.11 (3), the relevant part of it, read
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