C. M. No,1 of 2002 ' Let the main R.F.A. Be taken up. C.M. Disposed of. Main R.F.A. No,332 of 1997 ' Presence as above.
Learned counsel for the appellant states that the matter has been amicably settled with the respondent-Bank and this regular first appeal is to be withdrawn. Prayer is allowed. The regular first appeal is dismissed as. Withdrawn.
2. Learned counsel prays for the refund of court-fee paid on the memorandum of appeal. His reliance is on judgment in case Sh. Riaz-ud-Din v. Aqil-ur-Rehman Siddiqui (PLD 1993 SC 76). We find that although the appeal had been admitted to regular hearing yet it has not so far been fixed for hearing, in fact the opposite-party has not so far put in appearance as well.
3. In view of the said dictum of the apex Court prayer is allowed. Office to issue refund certificate in the manner prescribed.