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ABDUL RAHIM KAZI, J.--This application has been moved by the appellant under section 13 of the Court Fees Act, 1870 with the prayer that a certificate be granted for refund of the court-fices stamp paid on the memo. of appeal.

Briefly the relevant facts for the purpose of this application are that the Suit No.40 of 1987 was filed by the present appellant before a learned Single Judge of this Court. In the said suit an order was passed by the Additional Registrar on 14-10-1987 calling upon the present appellant to rile affidavit of documents within three (3) weeks. The appellant, however, on 21-12-1987 made an application seeking extension of time by four (4) weeks to enable him to - file the requisite affidavit which time was granted by the Additional Registrar. However, no such affidavit was filed and the respondent No.1 then made an application under Order XI, rule 21, C.P.C. requesting for dismissal of the appellant's suit as he had failed to comply with the aforesaid orders of the Additional Registrar. The matter came up for hearing on 17-1-1988 when the learned counsel for the present appellant undertook to file documents within three (3) days and in view of the said undertaking the application moved by the respondent No.1 was dismissed as not pressed.