28A. [ Recovery of deficit or unpaid court-fees. [Inserted by C.P. and Berar Act No. 9 of 1938.]
(1)If, on examination of the records of a civil, criminal or revenue case which has been disposed of, a public officer finds that the fee payable under the Act or the rules made thereunder on any document filed, exhibited or recorded therein has not been paid or has been insufficiently paid, he shall report the fact to the presiding officer of the Court or to the revenue officer concerned.(2)Such presiding officer or revenue officer, after satisfying himself of the correctness of such report, shall record a provisional finding that the proper fee has not been paid and determine the amount of the fee payable and the person from whom the fee or the difference thereof, if any, shall be recoverable.(3)After recording a finding under sub-section (2), the presiding officer or the revenue officer shall issue a notice to the person referred to in the sub-section to show cause why he should not be ordered to pay the fee determined thereunder, and, if sufficient cause is not shown, the presiding officer or the revenue officer shall confirm the finding and make an order requiring such person to pay the proper fee before a date to be specified in that notice.(4)If such person fails to pay the fee in accordance with the notice issued under sub-section (3), it shall, on the certificate of such presiding officer or revenue officer, be recoverable as an arrear of land revenue.]
