6B. Application by Chief Inspector of Stamps for revision of Court's order.
(1)If the order of the Court passed under sub-section (3) of Section 6 is at variance with the opinion of the officer by whom the question of deficiency in court fee has been raised, 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'.] may, within three months from the date of receipt of such order, move, by an application in writing, the court to which an appeal lies from a decree in the suit or-appeal in which such order has been passed, for revision of such order.(2)If such Court is of opinion that the proper court fee has not been paid on the plaint or the memorandum of appeal to which such order relates, it shall record a declaration lo that effect and determine the amount of deficiency in court fee. No appeal shall lie from such order :Provided that no such declaration shall be made until the party liable to pay the court fee has had an opportunity of being heard.(3)The court, while recording a declaration under sub-section (2), may make such order for the payment of costs as it deems fit. Where such costs arc payable to the Government, they shall be recoverable in the manner laid down in sub-section (4) for the recovery of deficiency in court fee.(4)When a declaration has been recorded under sub-section (2), the court recording the same shall, unless the suit or appeal has come up in appeal before such court, in which case the deficiency in court fee shall be recovered in the manner laid down in sub-section (ii) of Section 12. send forthwith a copy of such declaration to the Court which passed the order under sub-section (3) of Section 6. Such court shall, if the suit or appeal is still pending before it, follow the procedure prescribed in sub-section (3) of Section 6. If the suit or appeal has already been disposed of, the court shall forward a copy of such declaration to the Collector who shall recover the deficiency from the party concerned as if it were an arrear of land revenue.
