JAGDISH SAHAI, J :- I have had the advantage of reading the opinion prepared by my brother Pathak. I regret, for reasons given in this opinion, I am unable to agree with the conclusion drawn by him.

2. Being doubtful of the correctness of the decision of this Court in Raja Virendra Shah Ju Deo v. State of Uttar Pradesh, 1964 All LJ 868 our brother G. C. Mathur has referred this case to a Full Bench. This is how the matter has come before us.

3. This case arises out of an application made by the appellant in second appeal no. 3105 of 1963 under Section 13 of the Court-fees Act, 1870 (hereinafter referred to as the Act).

4. This Court allowed the second appeal aforesaid on 2nd of January 1967 and set aside the decree passed by the first appellate court. It further remanded the case to the first appellate court with the direction to rehear the appeal.

5. The prayer contained on the instant application reads :-

"It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to grant the applicant a certificate authorising him to receive back the full amount of court-fee of Rs. 717.50 paid in the above noted second appeal from the Collector of Varanasi or pass any oth