Amendment status not verified — confirm the current text below against the official source.
Inserted by Act 4 of 1972. (a) when the court has not required the Collector of the district under sub‐section (1) of section 74 to pay the fee chargeable under this Act in respect of the suit in which the decree appealed against was passed ; (b) when the suit has been dismissed wholly or in part on the ground that the claim or portion of it made in the suit was false or vexatious and the court recorded a finding to the effect that it was so. (2) Every memorandum of appeal referred to in sub‐section (1) shall, when presented to the Court, be accompanied by such documents and records containing such particulars as may be prescribed. (3) If the court finds that the appellant is not entitled to the concession under sub‐section (1), it shall require the appellant to pay the fee chargeable in respect of the memorandum of appeal under the provisions of this Act, and, on such payment, the memorandum shall be deemed to have been duly stamped at the time of presentation. (4) On receipt of a requisition from the court under sub‐section (1) for payment of court fee, the Collector shall pay the required fee within the time specified by the court. (5) Where the appellant succeeds in an appeal referred to in sub‐section (1), the fee chargeable in respect of the memorandum of appeal under the provisions of this Act shall be recoverable by the Government from the party ordered by the court to pay the same, and shall be a first charge on the subject‐matter of the suit in which the decree appealed against was passed. (6) The Government shall have the right at any time to apply to the court to make an order for the payment of Court‐fees under sub‐section (5). (7) All matters arising under this section between the Government and any appellant shall be deemed to be questions arising between the parties to the suit in which the decree appealed against was passed, within the meaning of section 47 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908). (8) Where an order is made under this section, the court shall forthwith cause a copy of the order to be forwarded to the Collector of the district, who may, without prejudice to any other mode of recovery, recover the amount of court‐fees specified therein from the person or property liable for the payment as if it were an arrear of land revenue.]