JUDGMENT By the Court.—The present appeal has been filed under Section 6A of the Court Fees Act ,1870 against the Order dated 23.3.2010 passed by the learned Additional Civil Judge(Senior Division) First, Kanpur Dehat on an application No. 61C-2 filed on behalf of the defendant-appellant in Original Suit No. 172 of 2009 filed by the plaintiff-respondent No. 1 against the defendant-appellant and the defendant-respondent Nos. 2 to 5. 2. It appears that the plaintiff-respondent No. 1 filed the aforesaid Original Suit No. 172 of 2009 against the defendant-appellant and the defendant-respondent Nos. 2 to 5 inter-alia, praying for decree of declaration and prohibitory injunction. 3. The aforementioned application No. 61C-2 was filed on behalf of the defendant-appellant in the said Suit on the ground that ad-valorem Court-fee was payable by the plaintiff-respondent No. 1 in the said Suit, and the Court -fee paid by the plaintiff-respondent No. 1 was insufficient. 4. Objection No. 80C-2 was filed on behalf of the plaintiff-respondent No. 1 against the aforesaid application filed on behalf of the defendant-appellant. 5. By the impugned Order dated 23.3.2010 passed by the Court below [Additional Civil Judge(Senior Division)First, Kanpur Dehat], the said application No. 61C-2 filed on behalf of the defendant appellant has been rejected. 6. The present appeal purporting to be under Section 6A of the Court Fees Act, 1870,has been filed by the defendant-appellant against the said Order dated 23.3.2010. 7. We have heard Sri Pradeep Chauhan, learned counsel for the defendant-appellant, and perused the record. 8. Section 6A of the Court-Fees Act, 1870, inserted by the U.P. Amendment, makes provision for appeal against the order to pay Court-fee. The said Section is reproduced below : “6-A. Appeal against order to pay Court-fee.—(1) Any person called upon to make good a deficiency in Court-fee may appeal against such order as if it were an order appealable under Section 104 of the Code of Civil Procedure. The party appealing shall file with the memorandum of appeal, a certified copy of the plaint together with that of the order appealed against. (2) In case an appeal is filed under sub-section (1), and the plaintiff does not make good the deficiency, all proceedings in the suit shall be stayed, and all interim orders made, including an order granting an injunction or appointing a receiver, shall be discharged. (2) In case an appeal is filed under sub-section (1), and the plaintiff does not make good the deficiency, all proceedings in the suit shall be stayed, and all interim orders made, including an order granting an injunction or appointing a receiver, shall be discharged. (3) A copy of the memorandum of appeal together with a copy of the plaint and of the order appealed against shall be sent forthwith by the appellate Court to the Commissioner of Stamps. (4) If such order is varied or reversed in appeal, the appellate Court shall, if the deficiency has been made good before the appeal is decided, grant to the appellant a certificate, authorising him to receive back from the Collector such amount as is determined by the appellate Court to have been paid in excess of the proper Court fee. (5) The Court may make such order for the payment of costs of such appeal as it deems fit, and where such costs are payable to the Government, they shall be recoverable as arrears of land revenue.” 9. Sub-section (1) of Section 6A of the Court Fees Act, 1870 provides that any person called upon to make good a deficiency in Court-fee may appeal against such order as if it were an order appealable under Section 104 of the Code of Civil Procedure. 10. Thus, the only person who can file appeal under sub-section (1) of Section 6A of the Court Fees Act, 1870, is the person called upon to make good a deficiency in Court-fee. A person raising objection on the ground of insufficiency of Court-fee paid in the suit has not been given any right to file an appeal under sub-section (1) of Section 6A of Court Fees Act, 1870. 11. Therefore, normally the appeal under sub-section (1) of Section 6A of the Court Fees Act, 1870 may be filed by the plaintiff, as is also evident from a perusal of sub-section (2) of the said Section. However, in case the defendant makes counter-claim in a suit under Rule 6A of Order VIII of the Code of Civil Procedure, 1908, the appeal under Section 6A of the Court Fees Act, 1870 may be filed by such a defendant because such a defendant will be in position of plaintiff as regards the counter-claim. 12. Reference in this regard may be made to the decision of this Court in Mst. 12. Reference in this regard may be made to the decision of this Court in Mst. Kulsumun Nisam v. Khushnudi Begum and another, AIR 1954 All 188 : 1953 ALJ 702. 13. Reverting to the present case, the defendant-appellant has filed the aforesaid application No. 61C-2 raising objection regarding insufficiency of Court-fee paid by the plaintiff-respondent No. 1 in the aforesaid Original Suit No. 172 of 2009. The said application has been rejected by the Court below. No appeal can be filed by the defendant-appellant against the impugned Order rejecting the said application No. 61C-2, as the defendant-appellant is not the person “ called upon to make good a deficiency in Court-fee” 14. In view of the above, the present appeal filed by the defendant -appellant is not maintainable, and the same is liable to be dismissed on this ground. 15. The appeal is accordingly dismissed on the ground that the same is not maintainable at the instance of the defendant-appellant. 16. This order, however, will not come in the way of the defendant-appellant in pursuing appropriate remedy before the appropriate forum against the aforesaid impugned Order dated 23.3.2010. 17. Certified copy of this order will be provided to the learned counsel for the defendant-appellant within four weeks on payment of usual charges. —————