Amendment status not verified — confirm the current text below against the official source.
Inserted by Act 6 of 1991. Provided that the plaintiff in the suit has not entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter or has not acquired by transfer inter vivos an interest in such subject-matter and in cases covered by clauses (ii), (iii) and (iv) of sub-section (1) above, the claim originates in favour of the plaintiff. (2) Every plaint presented to the court under sub section (1) shall be accompanied by such documents and records containing such particulars as may be prescribed to enable the court to come to a finding whether the plaintiff in the suit is entitled to the concession under sub-section (1) or not. The Court may for this purpose hold such inquiry as it deems fit. If upon such inquiry the court finds that the allegations do not show a cause of action or. that the suit appears to be barred by any law or that the plaintiff is not entitled to the concession under sub-section (1) it shall require the plaintiff to pay the fee chargeable in respect of the plaint under the provisions of this Act, and on such payment the plaint shall be deemed to have been duly stamped at the time of presentation. (3) On receipt of a requisition from the court under subsection (1) for payment of court-fee the Collector shall pay the required fee within the time specified by the Court. (4) Where in respect of a suit filed under sub-section (1), if the plaintiff succeeds in the suit or where the suit is dismissed wholly or in part on the ground that the claim or portion of it made in the suit is false or vexatious and the court records a finding to the effect that it is so, the fee chargeable in respect of the plaint in the suit under the provisions of this Act, shall be recoverable by the Government from the party ordered by the decree to pay the same and shall be a first charge on the subject- matter of the suit. (5) 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 (4). (6) All matters arising between the Government and any party to the suit under this section shall be deemed to be questions arising between the parties to the suit within the meaning of section 47 of the Civil Procedure Code. (7) Where an order is made under this section the court shall forthwith cause a copy of the decree or 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. 1[74A. Special provision regarding certain appeals.‐(1) Notwithstanding anything contained in the foregoing provisions of this Act, the Court shall admit the memorandum of appeal in respect of an appeal- (a) against the decree in a suit referred to in clause (ii) of sub‐section (1) of section 74, presented by the plaintiff in such suit; or (b) against the decree in a suit for money instituted against a member of a Scheduled Caste or Scheduled Tribe whose monthly income does not exceed one hundred rupees and wherein the claim does not exceed one thousand rupees, presented by such member, even though the fee chargeable under this Act has not been paid, and, after such admission, calculate the amount of court fee chargeable in respect of such memorandum of appeal under the provisions of this Act and require the Collector of the district to pay the fee so chargeable : Provided that, in the following cases, the court shall not admit a memorandum of appeal referred to in clause (a), if the fee payable under this Act has not been paid, namely:‐