Wherever by agreement of parties,—
(i) any suit is dismissed as settled out of Court before any evidence has been recorded on the merits of the claim; or
(ii) any suit is compromised ending in a compromise decree before any evidence has been recorded on the merits of the claim;
or
(iii) any appeal is disposed of before the commencement of hearing of such appeal, half the amount of all fees paid in respect of the claim or claims in the suit or appeal shall be ordered by the Court to be refunded to the parties by whom the same have been respectively paid.
Explanation (1): The expression “merits of the claim” refers to all matters which arise for determination in the suit not being matters relating to the frame of the suit, misjoinder of parties and cause of action, the jurisdiction of the court to entertain or try the suit or the fee payable, but includes matters arising on pleas of res-judicata, limitation and the like.
Explanation (2): The expression “hearing of the appeal” includes the “vista” of a case filed in the appellate court.