- (1.) LEARNED counsel for the parties submit that the parties have compromised the dispute out of the Court and therefore, the appeal be dismissed as withdrawn.
(2.) A prayer has been made by learned counsel for the appellant that in view of the fact that the appeal is withdrawn on account of amicable settlement between the parties, the huge court fees of Rs.92,109/ - paid by the appellant may be ordered to be refunded. Reliance in this connection has been placed on the order of Co -ordinate Bench of this Court in Ghanshyamlal vs. Lucky Digital Lab Pvt. Ltd. : S.B. Civil First Appeal No.343/2009 decided on 1.2.2011, wherein this Court after considering the provisions of Section 65 -B of the Rajasthan Court Fees and Suits Valuation Act, 1961 held as under : - "2. It is submitted by the learned counsel that a compromise was arrived at between the parties on 18.5.2010 and in pursuance thereof, the entire decreetal amount has been paid by the respondent -judgment debtor and consequently, the execution proceedings pending before the Executing Court also stand dropped. It is submitted that since the parties have settled their dispute out of the Court and therefore, the entire court fees of Rs. 33,065/ - deserves to be refunded. It is submitted by the learned counsel that a specific provision in this regard has already been incorporated by inserting a new Section 65B in the Rajasthan Court Fees and Suits Valuation Act, 1961.
(3.) THE text of Section 65B may be beneficially quoted: "65 -B. Refund of Fee. - Where the Court refers the parties to a suit to any one of the mode of settlement of dispute referred to in Sec.89 of the Code of Civil Procedure, 1908 (central Act No.5) of 1908) and the matter is settled by one of the modes provided under Sec.89 of the Code of Civil Procedure, the plaintiff shall be entitled to a certificate from the Court authorising him to receive back from the Collector, the full amount of the fee paid in respect of such plaint." ;