Section 11(4) in Pondicherry Court-Fees and Suits Valuation Act, 1972
(4)(a)Whenever a case comes up before a Court of appeal, it shall be lawful for the Court, either of its own motion or on the application of any of the parties, to consider the correctness of any order passed by the lower Court affecting the fee payable on the plaint or in any other proceedings in the lower Court and determine the proper fee payable thereon.Explanation. - A case shall be deemed to come before a Court of appeal even if the appeal relates only to a part of the subject- matter of the suit.(b)If the Court of appeal decides that the fee paid in the lower Court is not sufficient, the Court shall require the party liable to pay the deficit fee within such time as may be fixed by it(c)If the deficit fee is not paid within the time fixed and the default is in respect of a relief which has been dismissed by the lower Court and which the appellant seeks in appeal, the appeal shall be dismissed, but if the default is in respect of a relief which has been decreed by the lower Court, the deficit fee shall be recoverable as if it were an arrear of land revenue.(d)If the fee paid in the lower Court is in excess, the Court shall direct the refund of the excess to the party who is entitled to it.
