When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the High Courts, be referred to the taxing-officer, whose decision thereon shall be final , except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf.
Legal Commentary & Landmark Judgments: Section 5
Section 5 of the Court Fees Act, 1870 provides the mandatory procedure for resolving differences and disputes as to the necessity or amount of court fees in High Courts, vesting adjudicatory authority in the Taxing Officer and Chief Justice.
If the High Court registry raises an arbitrary court fee objection at filing, demand a formal reference to the Taxing Officer under Section 5; if an important legal principle is involved, pray for reference to the Chief Justice.