This revision petition is directed against the order dated 26th October 1966, passed by the Fourth Assistant Judge, City Civil Court, Madras in I A No.5107 of 1966. The application before the Fourth Assistant Judge, City Civil Court, was filed under section 70 of the Madras Court-fees and Suits Valuation Act, 1955, for refund of the Court-fees under the following circumstances. The petitioner herein filed O.S. No. 4105 of 1965 for recovering a sum of Rs. 3,500 from the defendant as dividend due to him and paid a Court-fee of Rs. 263 in respect of the said claim. On the contention of the defendant that the suit was not maintainable, as the petitioner had already filed a comprehensive suit, O.S. No. 301 of 1964 including the claim for Rs. 3,500 the petitioner made an endorsement on the plaint to the effect that the suit O.S. No. 4105 of 1965 had been filed by mistake or inadvertence, that he may therefore be permitted to withdraw the suit without prejudice to his contentions in the earlier suit, O.S. No. 301 of 1964 and that The Court-fee paid by mistake or inadvertence may be ordered to be refunded.

The Fourth Assistant Judge had dismissed the application on the ground 1hat pa