Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 May 2010

What is the Court fee ?

What is the Court fee for filing a suit for Declaration?

How it is to be computed



Learning

 6 Replies

DEVENDRA KUMAR JAIN (ADVOCATE and NOTARY PUBLIC)     02 May 2010

If the the suit is   only for declaration court fee is  to be paid on the half of the market value (as per the basic value register with the Sub Registrar) and if the suit is for declaration and possession three-forth of market value of the property.

AEJAZ AHMED (Legal Consultant/Lawyer)     03 May 2010

In addition to Mr. Jain's reply kindly go through the below details:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ __ _

 

COURT FEES AND SUIT VALUATION ACT

 

25.Suits for declaration.-

 

In a suit for a declaratory decree or order, whether with or without consequential relief, not falling under section 26-

          

(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 [rupees one thousand] 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 one thousand] 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 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 one thousand] whichever is higher;

          

(d) in other cases-

                

(i) where the subject-matter of the suit is capable of valuation fee shall be computed on the market value of the property, and

               

(ii) where the subject-matter of the suit is not capable of valuation 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;

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ __ _

 

THE COURT FEES ACT - 1870

 

 

7. Computation of fees payable in certain suits.-The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows :-

 

for money.-(i) In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)-according to the amount claimed;

 

for maintenance and annuities.-(ii) In suits for maintenance and annuities or other sums payable periodically-according to the value of the subjectmatter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year;

 

for other moveable property having a market-value.-(iii) In suits for moveable property other than money, where the subject-matter has a marketvalue-according to such value at the date of presenting the plaint;

 

(iv) In suits-

 

(a)    for moveable property of no market-value for moveable property where the subject-matter has no market-value, as, for instance, in the case of documents relating to title,

 

(b)    to enforce a right to share in joint family property.- to enforce the right to share in any property on the ground that it is joint family property,

 

(c)    for a declaratory decree and consequential relief.- decree or order, where consequential relief is prayed, to obtain a declaratory

 

(d)    for an injunction.-to obtain an injunction,

 

(e)    for easements.- for a right to some benefit (not herein otherwise provided for) to arise out of land, and

 

(f)     for accounts.- for accounts- according to the amount at which the relief sought is valued in the plaint or memorandum of appeal.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ __ _

 

 

Section 7(iv)(c) provides that in suits for a declaratory decree with consequential relief, the court fee shall be computed according to the amount at which the relief sought is valued in the plaint. The proviso thereto makes it clear that where the suit for declaratory decree with consequential relief is with reference to any property, such valuation shall not be less than the value of the property calculated in the manner provided for by clause (v) of Section 7.

 


Attached File : 30 30 court fee and sv.rar downloaded: 516 times

N.K.Assumi (Advocate)     18 July 2010

Court fees are to be computed on the basis of averments made and reliefs sought in the plaint and not on the basis of  averments made in writen statement. Merely because of repondent's denial of land lord-tennant relationship, courts below were in error in taking the view that since title of the appellants had to be decided not incidently but in full fledge manner, plaintiff appellants should pay ad valorem court fee on the market value of suit property. Ram Narain Prasad & ors vs Atul Chander Mitra and Ors: 1994-(003)-JT-0148-SC.F urther, under section 12 of the CFA it is the decision of the court that is final in determining the amount of court fees.

Hunk Sujal (Advisor)     18 July 2010

What will be the Court Fees in case of Money Recovery Suit filed as Summary Suit in High Court ?

Example : Amount to be Claimed = Rs.1 Lacs.

Also does it vary Statewise in India ?

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     19 July 2010

sir,

high court has no locustandi to acept summary suit.

R.Manivasagan (practising advocates)     01 August 2012

Is the District Munsif court having jurisdiction to try the summary suita nd what is the pecuniray jursissction for the summary suits. pls


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register