This is a petition filed by Mr. M. Seshachalapathi under section 151, Civil Procedure Code, for a direction to refund the court-fee of Rs. 149-15-0 paid by the petitioner, Nagaratnam, in an unnumbered second appeal, S.R. No. 40609 of 1948 sought to be presented to this Court against A.S. No. 310 of 1947 on the file of the Sub-Court, Guntur. The facts are briefly these. Nagaratnam, Mr. Seshachalapati’s client, wanted to file a second appeal against the judgment and decree in A.S. No. 310 of 1047 and, therefore, filed S.R. No. 40609 of 1948, with the correct court-fee of Rs. 149-15-0, due on ‘he valuation given therein, on 22nd November, 1948. That S.R. was returned to the petitioner on 10th February, 1949, for the lodgment schedule receipt for Rs. 25 in two days. Nagaratnam did not file the lodgment schedule receipt at all. Instead, she negotiated with the other side, compromised with him, and settled the matter. She re-presented S.R. No. 40609 of 1948 only on 3rd August, 1949 and with a petition claiming a refund certificate for the court-fee paid by her as she had already settled the matter.

The question, therefore, is whether this Court should grant her a refund certificat