Judgment :- 1. This is a petition filed by the revision petitioner for refund of excess court fee paid. The question arose this way. The petitioner filed an appeal before this Court as S. A. 1040 of 1974. At the time when the matter was taken up for hearing, it was doubted whether a Second Appeal was competent. So by way of caution the appellant prayed that the Second Appeal may be permitted to be converted as a Civil Revision Petition. That prayer was allowed and the matter was disposed of on that basis. 2. The present petition is laid on the ground that the court fee paid on the memorandum of appeal in the Second Appeal should be refunded Reliance is placed on S.70 of the Court Fees Act. That provision reads as follows: 70. Refund of fee paid by mistake or inadvertence - The fee paid by mistake or inadvertence shall be ordered to be refunded-" I fail to understand how the disputed payment is a payment "by mistake or inadvertence". When the Second Appeal was laid court fee was legitimately payable and court fee was paid too. It cannot be said that there was any mistake in the matter of paying the court fee on the memorandum of appeal. Again it cannot be said that there was any inadvertence in the matter of payment of court fee, because so long as an appeal was subsisting court fee was payable. The mere fact that subsequently the Second Appeal was converted as a Civil Revision Petition does not make the initial payment of court fee as a payment by mistake or inadvertence within the meaning of S.70 of the Court Fees Act. No other provision was brought to my notice in support of this petition. The petition is dismissed. No costs. Dismissed.