70. Dispute regarding court fee to be referred to the Taxing Officer.
- (i) If the party or the Advocate make an endorsement as prescribed in Rule 68(i) or is granted leave by the Registrar under Rule 68 (ii) or by the Court to dispute the correctness of the office objections, the dispute shall be referred to the Taxing Officer, for his decision within seven days or the endorsement or the leave granted by the Registrar or the court as the case may be. However that the party or the advocate, shall remove all objection except that relating to court fee and valuation within the time specified in Rule 65, failing which the procedure prescribed in Chapter XII shall be followed. .(ii)When a matter has been referred to the Taxing Officer under sub-rule (i) above and he decides that there is a deficiency in the court fee paid or defect in the valuation, stated, the party or his advocate shall, if the decision is not disputed, pay the deficit court fee or rectify the valuation according to the decision of the Taxing Officer within 15 days from the date on which the said decision is communicated to such party or Advocate. Any decision of the Taxing Officer adverse to the Government revenue in any matter in which Government is not the disputing party shall be communicated to the Government Pleader immediately.(iii)When a party or an Advocate disputes, and intends to apply in Revision against the decision of the Taxing Officer, under section 5(2) of the Bombay Court Fees Act, 1959, he shall within 15 days from the date of the communication of the said decision of the Taxing Officer, state in writing that he is filing an application for revision thereof. If no such writing is given within the said period of 15 days, it shall be deemed that the decision of the Taxing Officer is accepted and the matter shall be dealt with accordingly.(iv)When an application for revision of the Taxing Officer's decision has been made, it shall be notified for hearing before the Court within 10 days from the date of its filing and the deficit court fee, if any, payable under the orders of the Judge deciding the said application, shall be paid and the valuation rectified with in 4 weeks from the date of the order of such time as the Judge may allow.
