M GOVINDASWAMI PILLAI Vs. C T BALASUBRAMANIA THEVAR

JUDGEMENT

(1.) THIS civil revision petition arises out of the order of the Subordinate Judge of Nagapattinam, passed in O.S. No. 70 of 1978 negativing the claim of the plaintiff in the suit for the refund of one half of the court-fees paid in the plaint under section 69 of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 (hereinafter referred to as the Act).

(2.) THE civil revision petitioner herein filed a suit O.S. No. 70 of 1978 on the file of the Subordinate Judge of Nagapattinam, against one C. T. Balasubramania THEvar, claiming a sum of Rs. 29,238. THE defendant in the written statement alleged discharge of part of the suit claim by payment and part of the claim by supplying electrical goods. After framing issues, the suit was posted in the list for trial on 16th August, 1979 and on that day the suit was opened and Exhibits A-1 and A-2 were filed by consent on the side of the plaintiff. THE suit stood adjourned to 13th August, 1979 for further evidence and it was adjourned several times thereafter. When the case was taken up on 7th September, 1979, it was reported that the matter was being settled and was again adjourned to 11th September, 1979 and 12th September, 1979 as the plaintiff was absent. Subsequently on an application, the order of dismissal was set aside on 11th October, 1979 and the suit was again taken up for trial. On 22nd October, 1979, the plaintiff-s counsel made an endorsement on the plaint stating that the matter is settled out of Court and the suit may be dismissed as settled out of Court and prayed for refund of half the court-fees. THE learned Subordinate Judge held that in view of the fact that the suit was opened and Exhibits A-1 and A-2 were marked by consent on the side of the plaintiff, the plaintiff is not entitled to the relief prayed for. As against the order of the Subordinate Judge refusing to pass an order of refund of half of the court-fee, this civil revision petition is filed.

(3.) SECTION 69 of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 reads as follows: -