Chapter IV COMPUTATION OF FEE

The fee payable under this Act shall be determined or computed in accordance with the provisions of this Chapter, Chapter VII and Schedules I and II.

In the determination and computation of the amount of fee payable under this Act, any fraction of five paise less than two and a half paise shall be disregarded and any fraction of five paise equal to, or exceeding, two and a half paise shall be regarded as five paise.

In a suit for money (including a suit for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically), fee shall be computed on the amount claimed.

In the suits hereinafter mentioned, fee shall be computed as follows: --- (a) in a suit for maintenance, on the amount claimed to be payable for one year; (b) in a suit for enhancement or reduction of maintenance, on the amount by which the annual maintenance is sought to be enhanced or reduced; (c) in a suit for annuities or other sums payable periodically, on five times the amount claimed to be payable for one year: Provided that, where the annuity is payable for less than five years, the fee shall be computed on the aggregate of the sums payable: Provided further that a suit for enhancement of maintenance shall be instituted in a Court which will have jurisdiction to receive a suit for maintenance at the enhanced rate claimed and one for reduction of maintenance shall be instituted in a Court which will have jurisdiction to receive a suit for maintenance at the rate which is sought to be reduced.

(1) In a suit for movable property other than documents of title, fee shall be computed.- (a) where the subject-matter has a market value, on such value; or (b) where the subject-matter has no market value, on the amount at which the relief sought is valued in the plaint. (2) (a) In a suit for possession of documents of title, fee shall be computed on one-fourth of the amount or of the market value of the property secured by the document.-

(a) where the prayer is for a declaration and for possession of the property to which the declaration relates, fee shall be computed on the market value of the property or on rupees three hundred whichever is higher; (b) where the prayer is for a declaration and for consequential injunction and the relief sought is with reference to any immovable property, fee shall be computed on one-half of the market value of the property or on rupees three hundred, whichever is higher; (c) where the prayer relates to the plaintiff’s exclusive right to use, sell, print or exhibit any mark, name, book, picture, design or any other thing and is 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 five hundred, whichever is higher; (d) in other cases, whether the subject-matter of the suit is capable of valuation or not, fee shall be computed on the amount at which the relief sought is valued in the plaint or on rupees four hundred, whichever is higher;

In a suit 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, namely.- (i) In a District Munsif’s Court, Rupees fifty. (ii) In a Sub-Court or a District Court, rupees one hundred if the market value of the property involved in or affected by the relief is 10,000 or less and rupees five hundred if it is above 10,000.

(a) where the relief sought is with reference to any immovable property, and (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 three hundred, whichever is higher; (b) 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, fee shall be computed on the amount at which the relief sought is valued in plaint or on rupees five hundred, whichever is higher; (c) in any other case, whether the subject-matter of the suit has a market value or not, fee shall be computed on the amount at which the relief sought is valued in the plaint or on rupees four hundred, whichever is higher.

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 property subject to a maximum fee of rupees two hundred or where the property has no market value, on rupees one thousand: 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. Explanation.- For the purpose of this section, property comprised in a Hindu, Muslim or other religious or charitable endowment shall be deemed to be trust property and the manager of any such property shall be deemed to be the trustee thereof.

In a suit for possession of immovable property under section 6 of the Specific Relief Act, 1963 (Central Act 47 of 1963) fee shall be computed on one-half of the market value of the property or on rupees two hundred, whichever is higher.

In a suit for possession of immovable property not otherwise provided for, fee shall be computed on the market value of the property or on rupees four hundred, whichever is higher.

In a suit relating to an easement, whether by the dominant or the servant owner, fee shall be computed on the amount at which the relief sought is valued in the plaint, which amount shall in no case be less than rupees three hundred: Provided that, where compensation is claimed besides other relief relating to such easement, fee shall be paid on the amount claimed as compensation in addition to the fee payable on such other relief.

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.

(1) In a suit for accounts, fee shall be computed on the amount sued for as estimated in the plaint. (2) Where the amount payable to the plaintiff as ascertained in the suit is in excess of the amount as estimated in the plaint, no decree directing payment of the amount as so ascertained shall be passed until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the amount so ascertained, is paid. If the additional fee is not paid within such time as the Court may fix, the decree shall be limited to the amount to which the fee paid extends. (3) Where in any such suit it is found that any amount is payable to the defendant, no decree shall be passed in his favour until he pays the fee due on the amount.

(1) In a suit for dissolution of partnership and accounts or for accounts of dissolved partnership, fee shall be computed on the value of the plaintiff’s share in the partnership, as estimated by the plaintiff. (2) If the value of the plaintiff’s share as ascertained in the suit exceeds the value as estimated in the plaint, no decree, or where there has been a preliminary decree, no final decree, shall be passed in favour of the plaintiff, no payment shall be made out of the assets of the partnership and no property shall be allotted as for the plaintiff’s share until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the value so ascertained, is paid. (3) No final decree shall be passed, no money shall be paid and no allotment of property shall be made in favour of a defendant in any such suit as, for or on account of, his share of the assets of the partnership, until the fee computed on the amount or value of his share of the assets of the partnership is paid.

(1) In a 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, fee shall be computed on the market value of the plaintiff’s share. (2) In a suit 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, fee shall be paid at the following rates, namely: -- When the plaint is presented to ---- (i) a District Munsif’s Court: Rupees thirty. (ii) a Sub-Court or a District Court: Rupees thirty if the value of plaintiff’s share is Rs. 5,000 or less. (iii) Rupees one hundred if the value is above Rs. 5,000 but below Rs. 10,000; and (iv) Rupees two hundred if the value is Rs. 10,000 and above. (3) 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 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. (4) Where, in a suit falling under sub-section (1) or sub-section (2), the plaintiff or the defendant seeks cancellation of decree or other document of the nature specified in section 40, separate fee shall be payable on the relief of cancellation in the manner specified in that section.

In a suit 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.

(1) In a suit for the administration of an estate, fee shall be levied on the plaint at the rates specified in section 50. (2) Where any amount or share or part of the assets of the estate is found due to the plaintiff, and the fee computed on the amount or the market value of such share or part of the assets exceeds the fee paid on the plaint, no payment shall be made and no decree directing payment of money or confirming title to such share or part of the assets shall be passed until the difference between the fee actually paid and the fee computed on the amount or value of the property is paid. (3) No payment shall be made, no decree directing payment of money or confirming title to any share or part of the assets of the estate shall be passed in favour of a defendant in a suit for administration until the fee computed on the amount or value of such share or part of such assets is paid by such defendant. (4) In computing the fee payable by a plaintiff or by a defendant under sub-section (2) or sub-section (3), credit shall be given for the fee if any, paid by such plaintiff or by such defendant in any other proceeding in respect of the claim on the basis of which such amount or share or part of the assets of the estate becomes due to such plaintiff or to such defendant.

(1) In a suit 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, fee shall be computed on the value of the subject-matter of the suit, and such value shall be deemed to be - if the whole decree or other document is sought to be cancelled, the amount or value of the property for which the decree was passed on other document was executed; if a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property. (2) 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 such property or share or on the amount of the decree whichever is less. Explanation. --- A suit to set aside an award shall be deemed to be a suit to set aside a decree within the meaning of this section.

(1) In a suit 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, 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. (2) In a suit to set aside any other summary decision or order of a Civil or Revenue Court, 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 rates specified in section 50. Explanation. --- For the purpose of this section, the Registrar of Co-operative Societies shall be deemed to be a Civil Court.

In a suit for specific performance, whether with or without possession, fee shall be payable.- (a) in the case of a contract of sale, computed on the amount of the consideration; (b) in the case of a contract of mortgage, computed on the amount agreed to be secured by the mortgage; (c) in the case of a contract of lease, computed on the aggregate amount of the fine or premium, if any, and of the average of the annual rent agreed to be paid; (d) in the case of a contract of exchange, 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; (e) in other cases, 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.

(1) In the following suits between landlord and tenant, namely.- (a) for the delivery by a tenant of the counter part of a lease or for acceptance of patta in exchange for a muchilika; (b) for enhancement of rent; (c) for the delivery by a landlord of a lease or for obtaining a patta in exchange for a muchilika; (d) for recovering occupancy of immovable property from which a tenant has been illegally ejected by the landlord; (e) for establishing or disproving a right of occupancy; 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. (2) In a suit for recovery of immovable property from a tenant including a tenant holding over after the termination of a tenancy, 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. Explanation.- “Rent” includes also damages for use and occupation payable by a tenant holding over.

(1) In a suit for mesne profits or for immovable property and mesne profits, fee shall be in respect of mesne profits be computed, where the amount is stated approximately and sued for, on such amount. If the

In a suit under section 12 of the Puducherry Survey and Boundaries Act, 1967 (8 of 1967) fee shall be computed on one half of the market value of the property affected by the determination of the boundary or on rupees three hundred, whichever is higher.

In a suit to alter or cancel any entry in a register of the names of proprietors of revenue paying estate, the fee payable shall be fifteen rupees.

In a suit for relief under section 91 or section 92 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) the fee payable shall be fifty rupees.

(1) In an interpleaded suit, fee shall be payable on the plaint at the rates specified in section 50. (2) Where issues are framed as between the claimants, 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. In levying such fee, credit shall be given for the fee paid on the plaint, and the balance of the fee shall be paid in equal shares by the claimants who claim the debt or the sum of money or the property adversely to each other. (3) Value for the purpose of determining the jurisdiction of Courts shall be the amount of the debt, or the sum of money or the market value of other property to which the suit relates.

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: Provided that, if the suit against the defendant who has filed the third party notice is dismissed, wholly or in part, he shall be entitled to a refund of the whole or a proportionate part of the fee paid by him. Explanation.- The provisions of this section shall also apply to counter-claims made in third party proceedings.

In suits not otherwise provided for, fee shall be payable at the following rates.- (i) In a Revenue Court—Rupees fifteen. (ii) In a District Munsif’s Court - Rupees thirty. (iii) In a Sub-Court or a District Court - Rupees thirty if the value of the subject-matter is 5,000 or less; Rupees one hundred if the value is above 5,000 but below 10,000; and Rupees two hundred if the value is Rupees 10,000 and above.

The fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of property for public purposes shall be computed on the difference between the amount awarded and the amount claimed by the appellant.

The fee payable in an appeal shall be the same as the fee that would be payable in the Court of first instance on the subject-matter of the appeal: Provided that, in levying fee on a memorandum of appeal against a final decree by a person whose appeal against the preliminary decree passed by the Court of first instance or by the Court of appeal is pending, credit shall be given for the fee paid by such person in the appeal against the preliminary decree. Explanation (1). - Whether the appeal is against the refusal of a relief or against the grant of the relief, the fee payable in the appeal shall be same as the fee that would be payable on the relief in the Court of first instance. Explanation (2). - Costs shall not be deemed to form part of the subject-matter of the appeal except where such costs form themselves the subject-matter of the appeal or relief is claimed as regards costs on grounds additional to, or independent of, the relief claimed regarding the main subject-matter in the suit. Explanation (3). - In claims which include the award of interest subsequent to the institution of the suit, the interest accrued during the tendency of the suit till the date of decree shall be deemed to be part of the subject-matter of the appeal except where such interest is relinquished. Explanation (4). - Where the relief prayed for in the appeal is different from the relief prayed for or refused in the Court of first instance the fee payable in the appeal shall be the fee that would be payable in the Court of first instance on the relief prayed for in the appeal. Explanation (5). - Where the market value of the subject-matter of the appeal has to be ascertained for the purpose of computing or determining the fee payable, such market value shall be ascertained as on the date of presentation of the plaint.