Section
|
Nature of Suit
|
Mode of Computation
|
Fixed fee
|
Ad-valorem
|
Nominal fee
|
22
|
Money suit
|
On the Amount Claimed
|
NA
|
Applicable
|
NA
|
23 (a)
23(b)
23(c)
Proviso
to 23(c)
|
Maintenance
Enhancement or reduction of maintenance-
For Annuities or other Sums
|
On amount claimed to be payable for 1 year
On the amount sought to be enhanced or reduced
5 times the amount claimed to be payable for 1
year
Fee should be computed on the aggregate of the
sums if annuity is payable for less than 5 years
|
NA
NA
NA
NA
|
Applicable
Applicable
Applicable
Applicable
|
NA
NA
NA
NA
|
24 (1)
24 (2) (a)
Proviso to24(2)
(a)
24(2)
(b)
|
Movable Property
Where the subject matter had
for possession of documents of title where
for possession of documents of title
|
a. market value- on such
Value
b. no
market value – on the amount the
relief sought is valued in plaint
i). plaint alleges denial of the plaintiffs title
to the money or the property secured by the document or
ii). an issue is framed regarding the plaintiff’s
title to the money or the property secured by the document
then fee
shall computed on
-- 1/4th of the amount
-- or of the market value of the property secured
by the document
Provided that allegation in the plaint or the
issue framed only to a portion or amount or property , fee shall be computed
on
--1/4th of such portion of the amount
--or on 1/4th of the market value of
such portion of the property
where the plaintiffs title to the money or the
property secured by the document is not denied fee shall be computed on
the
amount at which the relief sought is valued in the plaint
|
NA
NA
NA
NA
NA
NA
NA
|
Applicable
Applicable
Applicable
Applicable
Applicable
Applicable
Applicable
|
NA
NA
NA
NA
NA
NA
NA
|
Section
|
Nature of Suit
|
Mode of Computation
|
Fixed Fee
|
Ad- valorem
|
Nominal Fee
|
25
25(a)
25(b)
25(c)
25(d)
|
Suit for Declaration
Where the prayer is for a declaration and for
possession
Where the prayer is for a declaration and for consequential
injunction
Where the prayer relates to the plaintiff’s
exclusive right to use, sell, print or exhibit any mark, name, book, picture,
design or other thing
In other cases
(i) where the subject -matter of the suit is
capable of valuation
(ii)where the subject-matter of the suit is not
capable of valuation
|
of the property to which the declaration relates
fee shall be computed on
i.
the market value of the property or
ii.
rupees one thousand
whichever is higher
The relief sought is with reference to any
immovable property, fee shall be computed on
i.
one-half of the market value of the property
or
ii.
on rupees one thousand
whichever
is higher
Based on an infringement of such exclusive right,
fee shall be computed on
·
the amount at which the relief sought is
valued in the plaint or
·
on rupees one thousand
whichever
is higher
fee shall be computed on the market value of the
property
fee shall be computed on the amount at which the
relief sought is valued in the plaint or on rupees one thousand whichever is
higher
|
NA
NA
NA
NA
NA
NA
NA
NA
|
Applicable
Applicable
Applicable
Applicable
Applicable
Applicable
Applicable
Applicable
|
NA
Applicable
NA
Applicable
NA
Applicable
NA
Applicable
|
26
27
27(a)
27(b)
27(c)
|
Adoption Suits
For a declaration in regard to the validity or
invalidity of an adoption or the factum of an adoption, fee shall be payable
at the following rates
Injunction Suits
Reliefs with regard to Immovable Property
Where the prayer relates to the plaintiff’s
exclusive right to use, sell, print or exhibit any mark, name, book picture,
design or other thing and is based on an infringement of such exclusive right
In any other case
Whether the subject - matter of the suit has a
market value or not
|
i.In a Munsiff’s Court
Rupees fifty if the market value of the property involved
in or affected by the relief is Rs.5000 or less
Rupees one hundred and fifty if it exceedsRs.5000
but does not exceed Rs.15,000
ii.In a Sub Court or District Court Rs.500
i)where the plaintiff alleges that his title to
the property is denied, or
(ii)where an issue is framed regarding the
plaintiff’s title to the property
·
fee shall be computed on one-half of the
market value of the property or
·
on rupees five hundred which ever is
higher
fee shall be computed
·
on the amount at which the relief sought is valued in the plaint
or
·
on rupees five hundred
whichever
is higher;
fee shall be computed
·
on the amount at which the relief sought is valued in the plaint
or
·
on rupees five hundred
whichever
is higher
|
Applicable
Applicable
Applicable
NA
NA
NA
NA
NA
NA
|
NA
NA
NA
Applicable
Applicable
Applicable
Applicable
Applicable
Applicable
|
NA
NA
Applicable
NA
Applicable
Applicable
Applicable
Applicable
Applicable
|
28
|
Suits relating to Trust Property
In a suit for
possession or joint possession of trust property or for a declaratory decree,
whether with or without consequential relief in respect of it, between
trustees or rival claimants to the office of trustee or between a trustee and
a person who has ceased to be trustee
|
fee shall be computed
·
on one-fifth of the market value of the
properly subject to a maximum fee of rupees two hundred or
·
where the property has no market value, on
rupees one thousand
|
Applicable
Applicable
|
Applicable
Applicable
|
Applicable
Applicable
|
Section
|
Nature of Suit
|
Mode of Computation
|
Fixed fee
|
Ad-valorem
|
Nominal Fee
|
Proviso to 28
|
Provided that, where the property does not have a
market value, value for the purpose of determining the jurisdiction of courts
shall be such amount as the plaintiff shall state in the plaint.
|
NA
|
Applicable
|
Applicable
|
|
29
|
Suits
for possession under the Specific Relief Act
In a suit for possession of immovable property
under section 9 of the Specific Relief Act, 1877
|
fee shall be computed
·
on one-third of the market value of the
property
·
or on rupees one hundred and fifty,
whichever
is higher
|
NA
Applicable
|
Applicable
Applicable
|
NA
Applicable
|
30
|
Suits for possession
not otherwise provided for
|
Fee shall be computed
·
on the market value of the property or
·
on rupees one thousand
whichever is higher
|
NA
Applicable
|
Applicable
Applicable
|
NA
Applicable
|
31
|
Suit
for Easement
Whether by the dominant or the servient owner, or
to a licence as defined in the law relating to easements for the time being
in force,
|
fee shall be computed
·
on the amount at which the relief sought is valued in the plaint,
or
·
on rupees one thousand
whichever
is higher
|
NA
Applicable
|
Applicable
Applicable
|
Applicable
Applicable
|
32
|
Pre-emption
Suit
In a suit to enforce a right of pre-emption
|
Fee shall be computed
·
on the amount of the consideration for the
sale which the pre-emptor seeks to avoid or
·
on the
market value, whichever is less.
|
NA
NA
|
Applicable
Applicable
|
NA
NA
|
33
33(1)
|
Mortgages
In a suit to recover the money due on a mortgage,
|
fee shall be computed
·
on the amount claimed
|
NA
|
Applicable
|
NA
|
Section
|
Nature of suit
|
Mode of Computation
|
Fixed Fee
|
Ad-valorem
|
Nominal Fee
|
33(2)
33(3)
33(4)
33(5)(a)
|
In a suit, the holder of a prior mortgage or
charge is impleaded and he prays in his written statement that the amount due
on his mortgage or charge be determined and that the decree contains a
direction for the payment of such amount to him
Where, in such a suit, the mortgaged property is
sold and the holder of a prior or subsequent mortgage or charge applies for
payment to him, out of the sale proceeds, of the amount due on his mortgage
or charge, such holder of the prior or subsequent mortgage or charge
In a suit by a co-mortgagee for the benefit of
himself and other co-mortgagees,
In a suit by a sub-mortgagee to recover the
amount claimed on the sub-mortgage by sale of the mortgagee’s interest in the
mortgaged property, under the sub-mortgage
|
Fee shall be payable on the written statement
computed on the amount claimed
shall pay on his application a fee computed on
·
the amount claimed by him
fee shall be computed on
·
the amount claimed on the entire mortgage
fee shall be computed on
·
the amount claimed
|
NA
NA
NA
NA
|
Applicable
Applicable
Applicable
Applicab
|
NA
NA
NA
NA
|
Section
|
Nature of Suit
|
Moe of Computation
|
Fixed Fee
|
Ad- valorem
|
Nominal Fee
|
33(5)(b)
33(8)
33(9)
|
In a suit by a sub-mortgagee, if the prayer is
for the sale of the property mortgaged to the original mortgagee and the
original mortgagor is also impleaded as a defendant,
In a suit against a mortgagee for redemption of a
mortgage,
In a suit by mortgagee to foreclose the mortgage
or, where the mortgage is made by conditional sale, to have the sale declared
absolute,
|
Fee shall be computed on
·
the entire amount claimed on the original
mortgage which is sub-mortgaged to him
Fee shall be computed
·
on the amount due on the mortgage as stated in
the plaint or
·
on one-fourth of the principal amount secured
under the mortgage,
whichever
is higher
Fee shall be computed on
·
the amount claimed in the plaint by way of
principal and interest
|
NA
NA
NA
NA
|
Applicable
Applicable
Applicable
Applicable
|
NA
NA
NA
NA
|
34
|
Suits relating to kanam
|
||||
35
35(1)
|
Suits
relating to Accounts
In a suit for accounts,
|
fee shall be computed
·
on the amount sued and as estimated in the
plaint or
·
on rupees one thousand
which ever
is higher
|
NA
Applicable
|
Applicable
Applicable
|
NA
Applicable
|
36
Section
|
For dissolution of partnership and accounts or
for accounts of dissolved partnership,
Nature of suit
|
Fee shall be computed
on the value of the plaintiff’s share in the
partnership as estimated by the plaintiff
Mode of Computation
|
NA
Fixed Fee
|
Applicable
Ad- Valorem
|
NA
Nominal Fee
|
37
37(1)
37(2)
37(3)
|
Partition Suit
For partition and separate possession of a share
of joint family property or of property owned, jointly or in common, by a
plaintiff who has been excluded from possession of such property
For partition and separate possession of joint
family property or property owned, jointly or in common, by a plaintiff who
is in joint possession of such property,
Where, in a suit falling under sub-section (1) or
sub-section (2), a defendant claims partition and separate possession of his
share of the property,
|
fee shall be computed on
·
the market value of the plaintiff’s share
Fee shall be paid at the following rates
When the plaint is presented to-
(i)
a Munsiff’s Court
Rupees fifty
(ii)
a Sub-Court or a District Court.
Rupees three hundred.
fee shall be payable on his written statement computed on
·
half the market value of his share or
·
at half the rates specified in sub-section
(2),
according
as such defendant has been excluded from possession or is in joint possession
|
NA
Applicable
Applicable
|
Applicable
NA
NA
|
NA
Applicable
Applicable
|
38
|
Suits for Joint Possession
For joint possession of joint family property or
of property owned, jointly or in common, by a plaintiff who has been excluded
from possession,
|
fee shall be computed on
·
the market value of the plaintiff’s share
|
NA
|
Applicable
|
NA
|
Section
|
Nature of suit
|
Mode of Computation
|
Fixed fee
|
Ad- Valorem
|
Nominal Fee
|
39
39(1)
|
Administration Suit
For the administration of an estate,
|
Fee shall be levied on
·
the plaint at the rates specified in section
50
|
Applicable
|
NA
|
Applicable
|
40
40(1)
40(2)
|
Suit for Cancellation
For cancellation of a decree for money or other
property having a money value or other document which purports or operates to
create, declare, assign, limit or extinguish, whether in present or in
future, any right, title or interest in money movable or immovable property,
If the decree or other document is such that the
liability under it cannot be split up and the relief claimed relates only to
a particular item of property belonging to the plaintiff or to the
plaintiff’s share in any such property,
|
fee shall be computed on
·
the value of the subject-matter of the suit
fee shall be computed on
·
the value of such property or share or
·
on the amount of the decree,
whichever is less
|
NA
NA
NA
|
Applicable
Applicable
Applicable
|
NA
NA
NA
|
41
41(1)
41(2)
|
Suit to
set aside attachment
To set aside an attachment by a Civil or Revenue
Court of any property, movable or immovable, or of any interest therein or of
any interest in revenue, or to set aside an order passed on an application
made to set aside the attachment,
To set aside any other summary decision or order
of a Civil or Revenue Court,
|
fee shall be computed on
·
the amount for which the property was attached
or
·
on one-fourth of the market value of the
property attached,
whichever is less.
if the subject-matter of the suit has a market
value, fee shall be computed on
·
one-fourth of such value, and
·
in other cases, fee shall be payable at the
rate specified in section 50
|
NA
NA
NA
Applicable
|
Applicable
Applicable
Applicable
NA
|
NA
NA
NA
Applicable
|
42
42(a)
42(b)
42(c)
42(d)
42(e)
|
Specific
Performance
In the case of a contract of sale,
In the case of a contract of mortgage,
in the case of a contract of lease,
In the case of a contract of exchange,
in other cases,
|
·
computed on the amount of the consideration
·
computed on the amount agreed to be secured by
the mortgage
·
computed on the aggregate amount of the fine
or premium if any, and of the average of the annual rent agreed to be paid
·
computed on the amount of the consideration or
·
as the case may be on the market value of the
property, sought to be got in exchange
where the consideration for the promise sought to
be enforced has a market value computed on
·
such market value, or
where such consideration has no market value
·
at the rates specified in section 50
|
NA
NA
NA
NA
NA
NA
Applicable
|
Applicable
Applicable
Applicable
Applicable
Applicable
Applicable
NA
|
NA
NA
NA
NA
NA
NA
Applicable
|
Section
|
Nature of Suit
|
Mode of computation
|
Fixed fee
|
Ad- Valorem
|
Nominal Fee
|
43
43(a)
43(b)
43(c)
42(2)
43(3)
|
Suits between landlord and
tenant
For enhancement of rent;
For recovery of immovable property from which a
tenant has been illegally ejected by the landlord;
For establishing or disproving a right of
leasehold
For recovery of immovable property from a tenant
including a tenant holding over after the termination of a tenancy,
For reduction or apportionment of rent,
|
fee shall be levied on
·
the amount of rent for the immovable property
to which the suit relates, payable for the year next before the date of
presenting the plaint.
fee shall be computed on
·
the premium, if any, and on the rent payable
for the year next before the date of presenting the plaint
Fee shall be levied on
·
the amount of rent sought to be reduced or on
the amount of rent that is sought to be apportioned
|
NA
NA
NA
|
Applicable
Applicable
Applicable
|
NA
NA
NA
|
44
44(1)
|
Suits for mesne profits
For mesne
profits or for immovable property and mesne profits,.
|
Fee shall in respect of mesne profits be
computed, where the amount is stated approximately and sued for, on such
amount
|
NA
|
Applicable
|
NA
|
45
|
Suits under the Survey and
Boundaries Act
Suit under section 14 of the Madras Survey and
Boundaries Act, 1923, section 13 of the Travancore Survey and Boundaries Act
of 1094 or section 14 of the Cochin Survey Act, II of 1074
|
fee shall be computed on
·
one-half of the market value of the property
affected by the determination of the boundary or
·
on rupees one thousand
whichever is higher
|
NA
Applicable
|
Applicable
Applicable
|
NA
Applicale
|
46
|
Suits to alter or cancel
entry in a register
To alter or cancel any entry in a revenue
register of the names of proprietors of the land or others interested in such
land
|
the fee payable shall be fifteen rupees
|
Applicable
|
NA
|
NA
|
47
|
Suit for relief under section 14 of the Religious
Endowments Act, 1863 (Central Act XX of 1863), or under section 91 or section
92 of the Code of Civil Procedure, 1908 (Central Act V of 1908),
|
the fee payable shall be ten rupees
|
Applicable
|
NA
|
NA
|
48
48(1)
48(2)
|
Interpleader suits
In interpleader suit
Where issues are framed as between the claimants,
|
fee shall be payable on the plaint at the rates
specified in section 50
Fee shall be payable computed on the amount of
the debt or the money or the market value of other property, movable or
immovable, which forms the subject matter of the suit
|
Applicable
NA
|
NA
Applicable
|
Applicable
NA
|
49
|
Third party proceedings
In third party proceedings,
|
fee shall be levied on
·
one-half of the value of the contribution or
indemnity claimed against a third party or against a co-defendant if a claim
is made against him
|
NA
|
Applicable
|
NA
|
50
|
Suits not otherwise provided for
In suits not otherwise provided for
|
fee shall be payable at the following rates:-
(i)
In a Revenue Court –
Rupees twenty five
(ii)
In a Munsiff’s Court –
Rupees fifty
(iii)
In a Sub court or a District Court. –
·
Rupees two hundred if the value of the subject
matter is Rs.25.,000 or less;
·
and rupees four hundred if the value of the
subject matter is above Rs.25,000.
|
Applicable
Applicable
Applicable
Applicable
|
NA
NA
NA
NA
|
Applicable
Applicable
Applicable
Applicable
|
Schedule I
|
Ad-Valorem Fees
|
NA
|
Applicable
|
||
Schedule II
|
Fixed Court Fees
|
Applicable
|
NA
|
The above table is prepared with utmost care and due diligence.
No comments:
Post a Comment