JAYANTILAL JAGJIVANDAS Vs. RATILAL SOMNATH

JUDGEMENT

(1.) AN application for refund of half the court-fees in a suit on the ground that the suit was settled by agreement of parties before evidence was recorded was rejected on the ground that although the suit was settled by agreement of parties before the evidence was recorded three preliminary issues were heard and decided by the Court as to the maintainability of the suit and as to the court-fees.

(2.) SEC. 43 of the Bombay Court Fees Act 1959 is satisfied if the suit is settled by agreement of parties before evidence is recorded and there is nothing in that section to require that the settlement of the suit should be before the findings on the preliminary issues in addition to being before the evidence is recorded. The preliminary issues were decided without recording any evidence and after hearing only the arguments. The requirements of sec. 43 of the Bombay Court Fees Act 1959 are therefore quite satisfied irrespective of the fact that the maintainability of the suit and the question of court-fees are decided by the Court as preliminary issues. When the requirements of sec. 43 of the said Act are satisfied the consequences must follow. The order passed by the lower Court is therefore set aside and the application of the plaintiff for refund of half the court-fees is allowed under sec. 43 of the Bombay Court-fees Act 1959 Application allowed.