The appellant is the first defendant and the respondent 1 is the plaintiff. The plaintiff had filed' a suit for recovery of Rs. 8,11,582/-. The suit was decreed by judgment and. decree dated 12-10-2004. When this matter came up for consideration before this Court, this Court after noticing the rival contentions, found that there was an element of possibility of settlement and suggested the terms of settlement to the parties. In the light of the suggestions made by this Court, the parties settled the matter in full out of Court and reported the same.

2. In the light of settlement of the matter, learned Counsel appearing for the appellant submitted that the appellant is entitled for the refund of full Court fees. He referred to Section 16 of the Court Fees Act, 1870 (Central Act) and submitted that any settlement arrived at, in terms of Section 89 of the Code of Civil Procedure, 1908, party is entitled for refund of full Court fees under Section 16 of the Court Fees Act, 1870.

3. It is in this regard, we heard the learned Government Advocate and the Counsel appearing for the appellant and other Counsel appearing in the similar cases.

4. Section 89 was inserted by the Code of