JUDGMENT Counsel for parties state that as application under Order 9 Rule 13 for setting aside ex parte judgment and decree has been allowed and ex parte decree has been set aside, this appeal has been rendered infructuous. Learned counsel for the appellants submits that the appellants be permitted to withdraw the appeal and the court-fee paid by affixing on the memo of appeal be therefore ordered to be refunded to the appellants. Having heard the prayer of the learned counsel for the appellants for refund of the court-fee, we are of the view that the refund of the court-fee as mentioned above can only be made under the provisions of section 13 of the court-fees Act, 1870. The Court has to exercise the power to order refund in exceptional cases, but the present case is not one of them. Prayer for withdrawal of the appeal has been made with a prayer to refund the Court-fee. Court-fee, under the circumstances, cannot be ordered to be refunded, as the Court has no power to circumvent the provisions of the Court-fees Act. In the result, this appeal is dismissed as withdrawn with no order as to costs.