' MIAN HAMID FAROOQ, J.- Instant application, under section 13 of Court Fees Act, 1870 has been filed for refund of court-fee, paid on the memorandum of appeal (R.F.A. No, 106 of 2006), which was decided by this Court on 5-12-2006.
2. Learned counsel of the applicant, while referring to section 13 of the Court Fees Act states that applicant is entitled for refund of court-fee affixed in appeal. The learned Additional Advocate- General, who has appeared on Court's notice, when confronted with section 13, ibid, has not much to say. However, the learned counsel for the respondent has stated that as the appeal was decided, therefore, this application after the decision of the appeal is not competent.
3. We have heard the learned counsel and examined the available record. This Court, vide judgment dated 5-12-2006, allowed applicant's appeal (R.F.A. No, 106 of 2006) and remanded the case to the learned trial Court for recording evidence by setting aside the judgment and decree dated 5-4-2003, whereby the learned trial Court rejected the plaint in appellant's suit for specific performance of contract. Section 13 of the Court Fees Act envisages that if an appeal or plaint has been rejected by the lower Court, which is ordered to be received or if the suit is remanded in appeal for a second decision by the lower Court, the appellate Court shall grant to the appellant a certificate authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal. The plaint in this case was rejected by the learned trial Court through the decree, which stood set aside by this Court and the suit was remanded for recording evidence and disposal of the suit. To our mind, the provisions of section 13 of Court Fees Act are fully applicable in the present case. Under the present scenario and in view of section 13 of the Court Fees Act, we feel that the applicant is entitled for the refund of full amount of court-fee, paid on the memorandum of appeal. In arriving the aforesaid conclusion, we are also fortified by the judgment reported as Muhammad Saeed Mazhari v. Muhammad Sharif and others 1990 CLC 889, wherein, the Division Bench of this Court under the similar circumstances ordered for the refund of full amount of court- fee.
4. In view of the above, the application is allowed and office is directed to issue certificate to the applicant, authorizing him to receive back from the Collector the full amount of court-fee paid on the memorandum of appeal.