PUSHPENDRA SINGH BHATI,J. - (1.) Petitioner has preferred this writ petition under Articles 226 and 227 of the Constitution of India claiming the following reliefs:- " It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuing an appropriate writ, order or direction, the impugned order dated 05.07.2012 may kindly be quashed and set aside and the application filed by the petitioner under Section 65(b) of Rajasthan Court Fees and Suit Valuation Act may kindly be ordered to be allowed and court fee paid by the petitioner for Rupees 1,40,510/- may kindly be ordered to be refunded to the petitioner. Any other appropriate order, which deemed fit in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
(2.) Learned counsel for the petitioner states that upon the compromise entered into between the parties, an application was moved under Section 63(2) of the Rajasthan Court Fees and Suits Valuation Act, 1961 (hereinafter referred to as 'the Act of 1961') seeking refund of the court fee. The said application was dismissed on account of the fact that such application ought to be moved under Section 65(b) of the Act of 1961.
(3.) For ready reference, Section 65(b) of the Act of 1961 is quoted hereinbelow:- "Where the Court refers the parties to a suit to anyone of the mode of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (Central Act No.5 of 1908 and the matter is settled by one of the Code of Civil Procedure, the plaintiff shall be entitled to a certificate from the Court authorizing him to receive back from the Collector, the full amount of the fee paid in respect of such plaint";