CANARA BANK, SINDHANUR BRANCH Vs. SHARANABARA AND OTHERS

JUDGEMENT

(1.) THIS Civil Revision Petition is taken up for final hearing though it is coming on for admission.

(2.) THIS Civil Revision Petition is preferred by the Bank - Plaintiff against the order of the Court below declining to refund the Court fee. It appears that a memo on 24.5.1999 was filed informing the Court that the suit has been settled out of Court and the prayer was made to refund of half Court fee. The Court declined to grant half Court fee on the ground that the Defendants have not put in appearance. This view is erroneous in the eye of law. As rightly pointed out by the learned Counsel for the appellant Section 66 speaks about the Court fee which is as follows: REFUND ON SETTLEMENT BEFORE HEARING WHENEVER BY AGREEMENT OF PARTIES:

(3.) FOLLOWING the above dictum of this Court and considering the rule, I hold that whenever the suit is settled out of Court, the Plaintiff is entitled to half Court fee. Non -grant of half Court fee is error apparent on the face of the record. Therefore, the same is set aside and the Civil Revision Petition is dismissed.