P.B. Suresh Kumar, J.

This appeal instituted by the 3rd defendant in O.S. No.339 of 2004 of the Sub Court, Irinjalakkuda was disposed of along with RFA No.545 of 2007 filed by the second defendant in the said suit, as per judgment dated 13th August, 2012. The judgment indicates that the appeals were disposed of as closed, without any adjudication, in view of the settlement arrived at between the parties.

2. Earlier, this court permitted the appellant to institute the appeal as an indigent person as per order in CMCP No.65 of 2007 and consequently, the appellant did not pay the court fee payable on the appeal amounting to Rs. 38,400/-. Now the Registry has placed this matter before us to consider whether any direction needs to be issued to recover the court fee from the appellant.

3. Rules 10, 11 and 11A of Order 33 of the Code of Civil Procedure (for short, 'the Code') which are relevant in the context of the clarification sought by the Registry read thus:-

R. 10. Costs where indigent person succeeds - Where the plaintiff succeeds in the suit, the Court shall calculate the amount of Court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an