' Learned counsel for the appellant submits, that matter has been settled with the Bank outside the Court. Therefore, he has instructions to withdraw this appeal. Disposed of as withdrawn. Civil Miscellaneous No,1 of 2001
2. The appellant-applicant has filed this application with the prayer that court-fee may be refunded as the appeal has been dismissed as withdrawn on the ground that the matter has been settled between the parties outside the Court. Learned A.A.-G. States that appellant-applicant is not entitled to refund of the court-fee as the matter was patched up in view of pendency of the appeal.
3. We have considered the contentions of the learned counsel of the parties and perused the record ourselves.
4. Since the appeal has not been decided on merits, office may issue the certificate for refund of court-fee to the appellant-applicant in accordance with rules as per principle laid down by the Honourable Supreme Court in Sh. Riaz-ud-Din v. Aqil-ur-Rehman Siddiqui PLD 1993 SC 76.