VENKATARAMAN, J. :- In this case an appeal memorandum was filed against a particular decision of Sub Court, Vellore, in partition suit. A court-fee of Rs. 200 which was the correct court-fee was affixed to the Memorandum of appeal. But, before the appeal memorandum was numbered and when it was in the stamp register stage, having been numbered as S. R. 17499 of 1968, the appellants were able to compromise the matter with the respondents and therefore filed C. M. P. 1030 of 1971 to withdraw the appeal. That permission was granted. By this application C. M. P. No. 12034 of 1970, the appellants pray for issue of a certificate for refunding the court-fee of Rs. 200.

2. It is conceded by Sri T. V. Balakrishnan, learned counsel for the petitioners that the prayer is not governed by any specific provision of the Court fees Act of 1955, (those provisions are contained in Sections 66 to 70); but the learned counsel relies on a decision of a Bench of this court in Ramaswami Nadar v. State of Madras, 1970-1 Mad LJ 240 : 83 Mad LW 341 : (AIR 1971 Mad 136). That was a case where a writ appeal was filed, but before it was numbered and was in the stamp register stage, the petitioner got th