A. P. SRIVASTAVA, J.

( 1 ) THIS is an application for refund of court-fee. The circumstances in which it has arisen are not in dispute. The applicants filed a First Appeal in this Court. They valued it at Rs. 7,500/- and paid a court-fee of Rs. 710/ -. The decree against which the appeal has been filed was a conditional decree and it had been provided in it that if the plaintiffs-made any default in making a certain payment within the time allowed the suit shall stand dismissed. After the appeal had been filed in this Court the plaintiffs made a default which resulted in the automatic dismissal of the suit. The appeal filed by the defendants-appellants in this Court against the decree thus became infructuous and the appellants applied for the withdrawal of the same before it was formally admitted by this Court. This Court permitted the appeal to be withdrawn. The appellants then made the application which has been referred to this Full Bench for disposal. They prayed in it that the court-fee which they had paid on their appeal may be refunded. The matter came up before a Division bench for disposal. There it was conceded that the refund could not be claimed under any of the provisi

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