1[Save as provided in section 48, the fee payable]1 in an appeal shall be the same as the fee that would be payable in the court of first instance on the subject matter of the appeal:
Provided that, in levying fee on a memorandum of appeal against a final decree by a person whose appeal against the preliminary decree passed by the court of first instance or by the court of appeal is pending, credit shall be given for the fee paid by such person in the appeal against the preliminary decree.
1. Substituted by Act 11 of 1969 w.e.f. 22.5.1969.
Explanation (1).- Whether the appeal is against the refusal of a relief or against the grant of the relief, the fee payable in the appeal shall be the same as the fee that would be payable on the relief in the court of first instance.
Explanation (2).- Costs shall not be deemed to form part of the subject matter of the appeal except where such costs form themselves the subject matter of the appeal or 27 relief is claimed as regards costs on grounds additional to, or independent of, the relief claimed regarding the main subject matter in the suit.
Explanation (3).- In claims which include the award of interest subsequent to the institution of the suit, the interest accrued during the pendency of the suit till the date of decree shall be deemed to be part of the subject matter of the appeal except where such interest is relinquished.
Explanation (4).- Where the relief prayed for in the appeal is different from the relief prayed for or refused in the court of first instance, the fee payable in the appeal shall be the fee that would be payable in the court of first instance on the relief prayed for in the appeal.
Explanation (5).- Where the market value of the subject matter of the appeal has to be ascertained for the purpose of computing or determining the fee payable, such market value shall be ascertained as on the date of presentation of the plaint.
CHAPTER V VALUATION OF SUITS