Koshy, Ag. C.J.

A learned Judge of this Court referred the following question of law to be decided by a Division Bench:

"In a case where suit is dismissed as not pressed and there is no investigation, is the party entitled for refund of one-half of the court fee?".

In Peirce Leslie India Ltd. v. Kunheerium, 1978 KLT 711, it was held by a learned Single Judge that when the case is settled out of court and if the relief is not pressed, refund of court fee is not possible, as it is not an admission as contemplated under the Code of Civil Procedure and Evidence Act. In Aravindaksha Prabhu v. Shamsuddin, 2003 (1) KLT 644, a contrary view was taken by the learned Judge, who later referred the matter for authoritative pronouncement, as the decision in Peirce Leslie India Ltd.s case was not cited before His Lordship earlier. The decision in Aravindaksha Prabhus case was dissented by another learned Judge in Ramachandran Pillai v. Kerala Water Authority, 2006(1) KLT 784. Since different opinions were given in the above reported decisions, this question was referred to the Division Bench.

2. We may extract below Section 69 of the Kerala Courts Fees and Suit Valuation Act, (for sho