JUDGMENT :

Can court fee be refunded after the suit is decided on merits is the question that arises for consideration?

2. The plaintiff in O.S. No.04/2018 of the Court of the Subordinate Judge, Kasaragod, has filed the original petition challenging Ext.P6 order. The respondents are the defendants in the suit.

3. The skeletal facts leading to Ext.P6 order are as follows:

(i) The petitioner had filed the suit against the respondents for a decree for damages.

(ii) By Ext.P1 judgment, the court below dismissed the suit.

(iii) The petitioner filed I.A. No.127/2019 (Ext.P2) for the refund of the court fee and the legal benefit fund stamps.

(iv) As there was a delay on the part of the court below in disposing Ext.P2 application, the petitioner filed O.P(C) No.1690/2019 before this Court. This Court orally observed that the petitioner’s remedy is to seek for the return of the plaint, plaint documents and court fee.

(v) Accordingly, the petitioner filed I.A. No.170/2019 (Ext.P3) for the return of the plaint, plaint documents, court fee and legal benefit fund stamps.

(vi) By Ext.P5 judgment, this Court had directed the court below to dispose Ext.P3 application within 15 days.

(vii) The court below, b