M.S. MANI Vs. K.N. VELAYUDHAM CHETTIAR

JUDGEMENT

(1.) THIS civil revision petition is to revise the order of the learned Subordinate Judge, Nagapattinam, in I.A. No. 735 of 1975 in O.S. No. 6 of 1972, dated 25th September, 1975. The plaintiff is the petitioner herein and was also the applicant in the Court below. He filed a suit against the defendant for recovery of a sum at Rs. 86,000 and odd and paid court -fee to the tune of Rs. 6,455.25 under Section 22 of the Court -fees Act. He obtained an ex parte decree. In pursuance of the said decree, E.P. No. 67 of 1974 was filed and there was a realisation of Rs. 19,855. However, the ex parte decree came to be set aside by an order in I.A. No. 613 of 1974, dated 16th April, 1975. After setting aside the ex parte decree, when the case came up for hearing, it was dismissed as settled out at Court on 28th April, 1975. The petitioner prayed for a refund of the Court -fee paid in accordance with the provisions of Section 69 of the Court -Fees and Suits Valuation Act. The Court below has held that the petitioner was not entitled to the refund of the court -fee, and that is how the civil revision petition came to be filed in this Court by the plaintiff.

(2.) THE only question is whether the petitioner is entitled to refund of the court -fee paid under Section 69 of the Act. Section 69 of the Act is as 'follows: