ORDER

Bennet, J. - This is a reference by the Taxing Officer to me as Taxing judge u/s 5 Court-fees Act. The reference embraces two matters : firstly, whether the court-fee paid on the memorandum of S.A. No. 51 of 1933 by the plaintiff-appellant is sufficient, and secondly, whether the court-fee paid by the plaintiff in the trial Court and in the lower appellate Court is sufficient. Learned Counsel has argued that on the strength of a ruling of a Bench of this Court, of which I was a member in Mithoo Lal Vs. Mt. Chameli and Another , the jurisdiction in regard to the alleged insufficiency of the court-fees in the lower Court lies with a Bench u/s 12(2), Court-fees Act. I accept that view. The jurisdiction of the Taxing Officer to make a reference u/s 5 Court-fees Act, is in regard to the payment of the court-fee in the High Court. This section shows that the question relates only to this Court as the section uses the words "any fee under this chapter." Chapter 2 deals with fees in the High Courts and in the Court of Small Causes of Presidency Towns. It does not deal with the court-fee payable in other Courts and in the present case the suit was brought in the Court of a Munsif and t