When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of said High Courts, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf.
When any such difference arises in any of the said Courts of Small Causes, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the first Judge of such Court.
The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section.
COMMENTS It has been held that under section 5 the order or judgement of the Taxing Judge is final and no appeal is maintainable against such an order or judgement; S. Rm. Ar. S. Sp.
Sathappa Chettiar v. S. Rm. Ar. Rm. Ramanathan Chettiar, AIR 1958 SC 245.
1. Subs. by Act 19 of 1922, sec. 2. for judgment of two" THE COURT-FEES ACT,1870 7
CHAPTER III FEES IN OTHER COURTS AND IN PUBLIC OFFICES
6. Fees on documents filed, etc., in Mofussil Courts or in public offices.--- Except in the Courts hereinbefore mentioned, no document of any of the kinds specified as chargeable in the First or Second Schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.
COMMENTS It has been held that while exercising the inherent powers the court should apply section 6 as court fee has to be paid on the documents received by the court. For this purpose the court may afford an opportunity to the party to pay such court-fee; Netramalli Dibya v. Dasarthi Misra, AIR 1986 Ori 235