JUDGMENT :

The short interesting question comes forth in this matter is as under;

Mere reference of a party for settlement by recourse to Section 89 of the Code of Civil Procedure would entitle refund of court fee as provided under Section 69A of the Kerala Court Fees and Suits Valuation Act (hereinafter referred to as `the Act' for short), though the matter not settled finally?

2. The plaintiff in O.S.No.3/2019 on the file of the Additional Sub Court, North Paravur, has filed this Original Petition under Article 227 of the Constitution of India seeking modification of order dated 07.06.2019 passed in O.S.No.3/2019 in the above Suit, whereby the learned Sub Judge referred the parties in the Suit for arbitration after closing the Suit, without order for refund of 1/10th court fee paid by the petitioner/plaintiff in the Suit.

3. The respondent herein is the defendant in the above Suit.

4. Heard the learned counsel for the petitioner. Nobody appeared for the respondent.

5. It is argued by the learned counsel for the petitioner that the petitioner herein paid 1/10 court fee to the tune of Rs.1,21,840/- at the time of institution of the Suit. Since the parties were referred to arbitration, th