A GNANASELVAN Vs. B A XAVIER

JUDGEMENT

(1.) The dispute between the parties has been settled out of Court and a sum of ' 13,00,000/- is stated to have been paid to the Appellant by the Respondents, by way of two Demand Drafts. A Memo has been filed by the Appellant, thus seeking disposal of the Appeal, as compromised. The Appeal is accordingly disposed of as compromised, since the claim of the Appellant stands satisfied. The Compromise Memo shall form part of the record. Connected Miscellaneous Petition is closed.

(2.) The Appellant, however, has prayed for refund of the Court-fees paid on the Appeal Memorandum, under Section 69 of the Tamil Nadu Court Fees and Suit Valuation Act, 1955 (in short "the Act"). The said provision reads as under:

(3.) The submission of the learned Counsel for the Appellant is that the Appellant, as the original Plaintiff, has paid the Court-fees on the Suit, which was dismissed. In Appeal, matter has been compromised. The Appeal is continuation of the Suit proceedings. No additional evidence has been led in the Appeal and thus, the bar of "before any evidence" would not apply.