Judgement

Jagannadhadas, J. :- These appeals have been posted before this Bench for orders in connection with the payment of alleged deficit court-fees payable by the respective appellants in each of the appeals. All these appeals have been made analogous since they are against a common judgment in separate suits tried together. The alleged deficit court-fee payable is only in respect of the appeal memoranda to this Court. There is no question before us now of any deficit payable by any of the appellants in these appeals on their plaints in the trial Court.

2. The question that has been raised is whether this Bench has the jurisdiction to deal with this matter. The determination of the proper court-fee payable on an appeal memorandum to the High Court is regulated by S. 5, Court-fees Act. Under that section, when a difference arises as to the court-fee payable, the question is to be determined primarily by the taxing officer of the High Court. The taxing officer under the said section may, in a proper case, refer the matter to the taxing Judge. There is no provision for the determination of the question by a Bench of the Court or by any other Judge of the Court, unless the Chief Just