(1.) .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.
(2.) 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.
(3.) IN the result, this appeal is dismissed as withdrawn with no order as to costs.