RAI P B Vs. REZA JALALI

JUDGEMENT

(1.) If a suit is dismissed by a Court before recording evidence on the merits of the claim therein, accepting the report if the suitor that that suit had been settle out of Court by agreement of parties, can it refuse to the suitor refund of half the amount of fees sought under Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958 ("the Act"), on the ground that the agreement of parties relating to settlement so reported had not been established, is a matter which needs to be decided upon in this revision petition.

(2.) The petitioner here, a suitor, instituted in the Court below, a suit against the defendant therein claiming from him certain money. Fee payable under the Act respecting that claim in the suit, had been paid. However, before recording the evidence on merits of the claim in the suit, the suitor having reported to the Court below that the suit was settled out of Court by agreement of parties, sought from it, dismissal of that suit as settled out of Court before recording the evidence in merits of the claim therein, and refund of half the amount of fee, the benefit to which it was said, he was entitled under Section 66 of the Act. Pursuant thereto, the Court below dismissed the suit as settled out of Court before recording the evidence on the merits of the claim in the suit, but refused to order refund of half the amount of fee sought, on the ground that the agreement of settlement of the suit out of Court, had not been established. It is this refusal of the Court below to order refund of half the amount of fee sought by the suitor which has been the subject matter of this revision petition

(3.) Material portion of Section 66 of the Act, reads :