JUDGMENT : S.C. Mohapatra, J. - Petitioner applied for a succession certificate. As required u/s 379 of the Indian Succession Act, he deposited the amount for expending the same for collection of court-fee. His application was allowed. Opp. party No. 2 challenged the order in High Court in appeal. This Court has set aside the order and directed the trial Court to reconsider the question of grant of succession certificate afresh. It is stated that after remand, there was a compromise. 2. After compromise, petitioner prayed for refund of the money deposited. Trial Court held that the same cannot be refunded which is grievance of petitioner. 3. Refund of the money deposited depends upon whether the money deposited is required to be expended. Hence, the stage of the application for succession certificate would be the governing factor for refund. Merely because, the money had been expended would not be a ground to refuse refund, where order of the Court became invalid. No one should be permitted to suffer for action of Court in case he has not attracted legal liability. 4. In view of the aforesaid position, trial Court is required to consider each stage of the application to consider whether legally the amount would have been expended as provided u/s 379(2) of Indian Succession Act. In case, such an amount could not have been expended, since it depends upon the succession certificate being allowed, petitioner would be entitled to refund of the amount. 5. In view of the aforesaid discussion, impugned order is set aside. Trial Court is directed to reconsider the question on the facts and circumstances before it in the light of Section 379 of the Indian Succession Act. 6. In the result, Civil Revision is allowed. No costs. Final Result : Allowed