Chapter II LIABILITY TO PAY FEE

(1) In any suit in which separate and distinct reliefs based on the same cause of action are sought, the plaint shall be chargeable with a fee on the aggregate value of the reliefs: Provided that if a relief sought is only ancillary to the main relief, the plaint shall be chargeable only on the value of the main relief. (2) Where more reliefs than one based on the same cause of action are sought in the alternative in any suit, the plaint shall be chargeable with the highest of the fees leviable on the reliefs. (3)(a) Where a suit is based on two or more distinct and different causes of action and separate reliefs are sought in respect thereof, either alternatively or cumulatively, the plaint shall be chargeable with the aggregate amount of the fees that would be chargeable on the plaints under this Act if separate suits were instituted in respect of the several causes of action: Provided that, where the cause of action in respect of reliefs claimed alternatively against the same person arise out of the same transaction, the plaint shall be chargeable only with the highest of the fees chargeable on them. (b) Nothing in this sub-section shall be deemed to affect any power conferred upon a Court by rule 6 of Order II in the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908). (4) The provisions of this section shall apply mutatis mutandis to memoranda of appeals, applications, petitions and written statements. Explanation - For the purpose of this section, a suit for possession of immovable property and for mesne profits therefrom shall be deemed to be based on the same cause of action. One rupee.

No document which is chargeable with fee under this Act shall- (i) be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or (ii) be filed, exhibited or recorded in any public office, or be acted on or furnished by any public officer, except on payment of the fee chargeable in respect of such document under this Act: Provided that a document in respect of which the proper fee has not been paid may be filed or exhibited in a Criminal Court if the Court deems it necessary in the interests of justice to do so.

When a document on which the whole or any part of the fee payable under this Act has not been paid is produced or received in any Court or public office, the Court or the head of the office may, at any time, direct the person by whom such fee is payable to pay the fee or part thereof, as the case may be, within such time as may be fixed; and upon such payment, the document shall be dealt with as if the full fee had been paid in the first instance.

Save as otherwise provided, where the fee payable under this Act depends on the market value of any property, such value shall be determined as on the date of presentation of the plaint. Copy of a decree or order having the force of a decree- When such decree or order is made by any Court other than the High Court- (a) if the amount or value of the subject-matter of the suit wherein such decree or order is made is fifty or less than fifty rupees; One rupees. (b) if such amount or value of exceeds fifty rupees; Two rupees. When such decree or order is made by the High Court. Five rupees.

A written statement pleading a set-off or counter-claim shall be chargeable with fee in the same manner as a plaint. Copy of any document liable to stamp duty under the Indian Stamp Act, 1899, when substituted by any party to a suit or proceeding in place of the original withdrawn- (a) When the stamp duty chargeable on the original does not exceed fifty naye paise; The amount of the duty chargeable on the original. (b) in any other case. One rupee.

A document falling within two or more descriptions in this Act shall, where the fees chargeable thereunder are different, be chargeable only with the highest of such fees: Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act or copy of any account, statement, report, or the like taken out of any Court or office of any public officer- For every three hundred and sixty words or fraction of three hundred and sixty words. One rupee.