Court fees

Guest (Querist) 21 May 2011 This query is : Resolved
Court fee is calculated on the basis of what you are asking relief from court and not necessarily the cost of your land.
Is it true in civil suits or mandatory injunction like in nuisance case ?

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M/s. Y-not legal services (Expert) 22 May 2011
Court fee based upon the prayer of your case. I mean in civil side. Usually if its injunction type suit mean court fee fixed for the injunction value.. Or if its money suit mean its fixed for its subject money worth. Usually the injunction worth will be 1000 rupees. So its 7.5% is 75 rupees is court fee. Suppose if money suit, the worth is rupees 100000 mean the court fee as rupees 7500. But you succeed the case mean court will direct the defendant to pay the cost also..

Devajyoti Barman (Expert) 22 May 2011
Yes very much.
Since the relief you are asking for are mostly of declaratory nature, the court fees is the fixed and not calculated on the value of subject matter of the suit.

Guest (Expert) 22 May 2011
THE RELIEF CANNOT BE ASSESSED UPON THE VALUATION OF THE PROPERTY. SO FIXED NOMINAL COURT FEES CAN BE CALCULATED.

Surrender K Singal (Expert) 22 May 2011
If a plaintiff avers value of his share in a partition cum injunction suit at 1400 lacs but for sake of court fee it is valued at 25 lacs, how is such a suit to be taken care of at the court-registry level and then at the Court level ?

Guest (Expert) 23 May 2011
Agree with Mr. Ganesan.

Guest (Expert) 23 May 2011
Dear Surrender ji,

The court registry cannot be expected to knoe the prevalent market rates of any property of any area. That looks upon the declaratory value only. However, if such a drastic scale under valuation is shown the contesting party/respondent can point out about the deficiency or would readily be agree upon the partition up to the value claimed by the planintiff.

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