In Re: Reference under Court fees Act, Section 5

Muthusami Aiyar, J.@mdashI consider that it is competent to the judge to make an order under Sections 411 and 412 of the CPC as to the payment of the court fee. It is contended for the plaintiff that the sections are not applicable to cases in which a decision is passed in terms of a compromise. The words in the sections are "succeeds" and "fails in the suit" and they refer to the ultimate decision or the result of the suit and not to the mode in which the decision is arrived at. I should be doing violence to the language of the section if I introduced into them the words "after contest" which I do not find an them, and on this ground, I am not prepared to follow the decision reported in The Collector of Kanara v. Krishnappa Hegde I. L. R 15 B 78 Costs of this reference will be costs in the cause.