YALLAPPA GOLAPPA KAMOJI Vs. MAGUNDAPPA ANDANAPPA HULLUR AND

JUDGEMENT

(1.) In this revision petition the true scope of S. 31(1) of the Court-fees Act, 1870, as amended by Act XII of 1954, comes up for consideration.

(2.) The said section reads as follows :

(3.) This revision petition arises out of Long Cause Suit No. 275/1954 in the Court of the Civil Judge, Jr. Dn. Gadag. In the suit, the defendants filed their written statement and issues were struck in due course. Some time after the issues were framed, the suit was settled out of Court. The plaintiff-petitioner applied to the Court below under S. 31(1) to refund half the court-fee paid by him in the suit. The court below has rejected his application holding that as the suit had been compromised after the issues were settled, the plaintiff is not entitled to the refund claimed.