Judgment :- 1. This Civil Revision Petition is filed against the order in R.A. No. 44 of 2001 in O.S. No. 514 of 2000 of the II Additional Sub Court, Ernakulam. Plaintiff is the revision petitioner. The plaintiff filed the application to return 1/10th court fee. The petitioner did not pay the balance court fee. The Court below rejected the plaint for non-payment of balance court-fee, under 0.7 R.11 of the Code of Civil Procedure. 2. Learned counsel for the petitioner brought to my notice a Division Bench decision of this Court reported in Mable v. Dolores, 2001 (2) KLT 612. According to me, that case cannot be of any help to the petitioner. Second Proviso to S.4A of the Court Fees Act states that if the parties settle the dispute within the period, specified or extended by the Court for the payment of the balance amount, the plaintiff shall not be called upon to pay such balance. S.69 deals with refund in cases of compromise or when suit is decided on the admission of parties. According to me, S.66 applies to the facts of the case. Hence, the plaintiff is entitled to get 1/10th Court fee. Civil Revision Petition is allowed.