Sanjay Kishan Kaul, CJ.

The dispute between the parties has been settled out of Court and a sum of Rs.13,00,000/-is stated to have been paid to the appellant by the respondents, by way of two demand drafts. A Memo has been filed by the appellant, thus seeking disposal of the appeal, as compromised.

2. The appeal is accordingly disposed of as compromised, since the claim of the appellant stands satisfied. The compromise memo shall form part of the record. Connected miscellaneous petition is closed.

3. The appellant, however, has prayed for refund of the Court Fees paid on the appeal memorandum, under Section 69 of the Tamil Nadu Court Fees and Suit Valuation Act, 1955 (in short "the Act"). The said provision reads as under:

"69. Refund on settlement before hearing.--Whenever any suit is dismissed as settled out of Court before any evidence has been recorded on the merits of the claim, half the amount of all fees paid in respect of the claim or claims in the suit shall be ordered by the Court to be refunded to the parties by whom the same have been respectively paid."

4. The submission of the learned counsel for the appellant is that the appellant, as the original plainti