(i) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit.
(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided, to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided, and the provisions of section 10, paragraph (ii), shall apply.
COMMENTS
(i) It has been held in a suit for partition where plaintiff was in possession that valuation for jurisdiction is the market value of plaintiffs share and the same is applicable in its appeal therefrom as well; Pamban Kayakkal Vatsalam v. Pamban Kayakkal Kanmudi, AIR 1982 Ker 304.
(ii) It has been that the order for remanding the case on the ground of non-payment of requisite court-fee is illegal where no such objection was raised before the trial court;
Pargat Singh v. Union of India, AIR 1981 Del 328.