If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the [Code of Civil Procedure] [*Now see the Code of Civil Procedure, 1908(5 of 1908).], is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in [section 351] [This reference should now be read as applying to the corresponding provision of Act 5 of 1908, i.e., Order 41, Rule 23 of the First Schedule.] of the same Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorising him to receive back from the Collector the full amount of fee paid on the memorandum of appeal:Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorise the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.
