(1)Any person called upon to make good a deficiency in court fee may appeal against such order as if it were an order appealable under Section 104 of the Code of Civil Procedure.The party appealing shall file with the memorandum of appeal, a certified copy of the plaint together with that of the order appealed against.(2)In case an appeal is filed under sub-section (1), and the plaintiff does not make good the deficiency, all proceedings in the suit shall be stayed and all interim orders made, including an order granting an injunction or appointing a receiver, shall be discharged.(3)A copy of the memorandum of appeal together with a copy of the plaint and of the order appealed against shall be sent forthwith by the appellate court to the [Commissioner of Stamps] [Substituted by U.P. Act No. 6 of 1980, Sections 2(b) and 4 (w.e.f. 21.11.79), for the words 'Chief Inspectors of Stamps'.].(4)If such order is varied or reversed in appeal, the appellate court shall if the deficiency has been made good before the appeal is decided, grant to the appellant a certificate, authorising him to receive back from the Collector such amount as is determined by the appellate court to have been paid in excess of the proper court fee.(5)The court may make such order for the payment of costs of such appeal as it deems fit. and where such costs are payable to the Government, they shall be recoverable as arrears of land revenue.
