Das, J. - (1.) This is an application by the Appellant (Defendant No. 1) for a direction for a refund of the court-fees paid on the Memorandum of Appeal and for the issue of a certificate authorising the Petitioners to receive back from the Collector the court-fees.
(2.) The facts are as follows:- The Plaintiff-Respondent obtained on 21st December, 1931, a preliminary decree for partition and for accounts, and for certain incidental reliefs. On 12th December, 1935, a Commissioner for accounts was appointed. The Commissioner submitted his report.
(3.) Objections to the report were filed by the Plaintiffs and Defendant No. 1. The suit was fixed for hearing on 21st February, 1947. On that date, the Defendant No. 1 did not appear, the Court rejected the objections to the report of the Commissioner and passed an ex parte final decree. The decree was signed and sealed on 31st July, 1947.;