The Andhra Pradesh Court-fees and Suits Valuation Act, 1956.

THE ANDHRA PRADESH COURT-FEES AND SUITS VALUATION ACT, 1956
ACT No. VII of 1956
CHAPTER I
 PRELIMINARY
1. Short title, extent and commencement
2. Application of Act
3. Definitions
CHAPTER II
 LIABILITY TO PAY FEE
4. Levy of fee in Courts and public offices
5. Collection of proper fee on documents
6. Multifarious suits
7. Determination of market value
8. Set-off or counter-claim
9. Documents falling under two or more descriptions
CHAPTER III
 DETERMINATION OF FEE
10. Statement of particulars of subject-matter of suit and plaintiff’s
valuation thereof
11. Decision as to proper fee
12. Relinquishment of portion of claim
13. Fee payable on written statements
14. Fee payable on appeals, etc.
15. Fee payable on petitions, applications, etc.
16. Court-fee Examiners
17. Inquiry and commission
18. Notice to the State Government
CHAPTER IV
 COMPUTATION OF FEE
19. Fee how computed
20. Suits for money
21. Suits for immovable property
22. Suits for maintenance and annuities
23. Suits for movable property
24. Suits for declaration
25. Adoption suits
26. Suits for injunction
27. Suits relating to trust property
28. Suits for possession under the Specific Relief Act, 1877
29. Suits for possession not otherwise provided for
30. Suits relating to easements
31. Suits relating to mortgages
32. Suits for accounts
33. Suits for dissolution of partnership
34. Partition suits
35. Suits for joint possession
36. Administration suits
37. Suits for cancellation of decrees, etc.
38. Suits to set aside attachment, etc.
39. Suits for specific performance
40. Suits between landlord and tenant
41. Suits for mesne profits
42. Suits under the Andhra Pradesh Survey and Boundaries Act,
1923
43. Suits to alter or cancel entry in a register
44. Suits relating to public matters
45. Interpleader suits
46. Third party proceedings
47. Suits not otherwise provided for
48. Fee on memorandum of appeal against order relating to
compensation
49. Appeals
CHAPTER V
 VALUATION OF SUITS
50. Suits not otherwise provided for
51. Procedure where objection is taken on appeal or revision that a
suit or appeal was not properly valued for jurisdictional
purposes
CHAPTER VI
PROBATES, LETTERS OF ADMINISTRATION AND
CERTIFICATES OF ADMINISTRATION
52. Application for probate or letters of administration
53. Levy of fee
54. Grant of probate
55. Relief in cases of several grants
56. Inquiry by the Collector
57. Application to Court and powers of Court
58. Provision for cases where insufficient fee has been paid
59. Administrator to give proper security before letters are stamped
60. Relief when fee has been paid in excess
61. Recovery of penalties, etc.
62. Powers of Board of Revenue
CHAPTER VII
 REFUNDS AND REMISSIONS
63. Refund in cases of rejection of plaint, etc., for delay
64. Refund in cases of remand
65. Refund in cases of review
66. Refund of fee paid by mistake or inadvertence
66-A. Refund of fee
67. Exemption of certain documents
68. Power to reduce or remit fees
CHAPTER VIII
 MISCELLANEOUS
69. Collection of fees by stamps
70. Stamps to be impressed or adhesive
71. Amended document
72. Cancellation of stamp
73. Deduction to be made
74. Penalty
75. Power of High Court to make rules
76. Power of Board of Revenue to make rules
77. Power of Government to make rules
78. Continuance in force of existing rules
79. Repeal and saving
SCHEDULE I
SCHEDULE II
SCHEDULE III
1THE ANDHRA PRADESH COURT-FEES AND SUITS VALUATION ACT, 1956
ACT No. VII of 1956
[22ndMarch, 1956]
AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO COURT-
FEES AND VALUATION OF SUITS IN THE2[STATE OF ANDHRA
PRADESH].
WHEREAS it is necessary and expedient to amend and consolidate the law
relating to court-fees and valuation of suits in the2[State of Andhra Pradesh].
BE it enacted in the Seventh Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement - (1) This Act may be called3[the
Andhra Pradesh Court-fees and Suits Valuation Act, 1956].
(2)4[It extends to the whole of the State of Andhra Pradesh].
(3) It shall come into force on such date as the State Government may, by
notification in the5[Andhra Pradesh Gazette] appoint.
2. Application of Act - (1) The provisions of this Act shall not apply to
documents presented or to be presented before an officer serving under the
Central Government.
(2) The provisions of this Act relating to the levy of fee shall be subject to
the provisions of any other law relating to the levy of fee in respect of
proceedings under such law.
3. Definitions - In this Act, unless the context otherwise requires,-
(i)"appeal" includes a cross-objection;
(ii)"Court" means any Civil, Revenue or Criminal Court and
includes a Tribunal or other authority having jurisdiction under
any special or local law to decide questions affecting the rights of
parties;
(iii)"prescribed" means prescribed by rules made under this Act;
and
(iv) expressions used and not defined in this Act or in6[the Andhra
Pradesh General Clauses Act, 1891 (Act I of 1891),] but defined in
Code of Civil Procedure, 1908 (Central Act V of 1908), shall have
the meanings respectively assigned to them in the said Code.
1.For Statement of Objects and Reasons, see Andhra Gazette, dated 28th November, 1955 Part
IV-A, page 196.
This Act was extended to the territories specified in sub-section (1) of section 3 of the
States Reorganisation Act, 1956 (Central Act 37 of 1956) by section 2 of the Andhra Pradesh
Court-fees and Suits Valuation (amendment) Act, 1958 (Andhra Pradesh Act IV of 1958),
repealing the corresponding law in force in those territories.2. Substituted for the words “State of Andhra” by section 3, ibid.3. Subs tit ut ed for the words origina l s hort t itle b y the Firs t Sc hed ule t o the And hra Pradesh
Laws (Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).4. Substituted for the original sub-section by section 4 of the Andhra Pradesh Court-fees and
Suits Valuation (amendment) Act, 1958 (Andhra Pradesh Act IV of 1958)5. Substituted for the words “Andhra Gazette” by the Andhra Pradesh Adoption of Laws Order,
1957.6. Sub s t it ut ed f or t h e or ig ina l s h or t t it l e b y t h e F ir s t S c h e d u l e t o t h e A nd hr a P r a d es h L a ws
(Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).
CHAPTER II
LIABILITY TO PAY FEE
4. Levy of Fee in Courts and public offices - 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.
5. Collection of proper fee on documents - 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.
6. Multifarious suits - (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.
7. Determination of market value - 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.
8. Set-off or counter-claim - A written statement pleading a set-off or
counter-claim shall be chargeable with fee in the same manner as a plaint.
9. Documents falling under two or more descriptions - 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:
Provided that, where one of such descriptions is special and another
general, the fee chargeable shall be the fee appropriate to the special
description.
CHAPTER III
DETERMINATION OF FEE
10. Statement of particulars of subject-matter of suit and plaintiff’s
valuation thereof - In every suit in which the fee payable under this Act on the
plaint depends on the market value of the subject-matter of the suit, the
plaintiff shall file with the plaint, a statement in the prescribed form, of
particulars of the subject-matter of the suit and his valuation thereof unless
such particulars and the valuation are contained in the plaint.
11. Decision as to proper fee - (1)(a) In every suit the Court shall, before
ordering the plaint to be registered, decide on the allegations contained in the
plaint and on the materials furnished by the plaintiff the proper fee payable
thereon.
(b) The decision of the Court under clause (a) regarding the proper fee
payable shall be subject to review from time to time as occasion requires.
(2) Any defendant may plead that the subject-matter of the suit has not
been properly valued or that the fee paid is not sufficient. All questions arising
on such pleas shall be heard and decided before the hearing of the suit as
contemplated by Order XVIII in the First Schedule to the Code of Civil
Procedure, 1908 (Central Act 5 of 1908). If the Court decides that the subject-
matter of the suit is not properly valued or that the fee paid is not sufficient,
the Court shall fix a date before which the subject-matter of the suit shall be
valued in accordance with the Court’s decision and the deficit fee shall be paid.
If within the time allowed, the subject-matter of the suit is not valued in
accordance with the Courts decision or if the deficit fee is not paid, the plaint
shall be rejected and the Court shall pass such order as it deems just regarding
costs of the suit.
(3)(a) A Court of Appeal, in which an appeal is filed, may, either of its
own motion or on the application of any party, consider the correctness of any
order passed by the lower Court regarding the fee payable on the plaint or
written statement or in any other proceeding in the lower Court and determine
the proper fee payable thereon.
Explanation -The power exercisable by a Court of appeal under this
clause shall be exercisable even if the appeal relates only to a part of the
subject –matter of the suit.
(b) If the Court of Appeal decides that the fee paid in the lower
Court is not sufficient, the Court shall require the party liable to
pay the deficit fee within such time as may be fixed by it.
(c) If the deficit fee is not paid within the time fixed and the default
is in respect of a relief which has been dismissed by the lower
Court and which the appellant seeks in appeal, the appeal shall be
dismissed, but if the default is in respect of a relief which has been
decreed by the lower Court, the deficit fee shall be recoverable as if
it were an arrear of land revenue.
(d) If the fee paid in the lower Court is in excess of the proper fee
the Court shall direct the refund of the excess to the party who is
entitled to it.
(4) Any question relating to the value for the purpose of determining the
jurisdiction of Courts shall be heard and decided before the hearing of the suit
as contemplated by Order 18 in the First Schedule to Code of Civil Procedure,
1908 (Central Act 5 of 1908).
12. Relinquishment of portion of claim - A plaintiff who has been required to
pay additional fee may relinquish a part of his claim and apply to have the
plaint so amended that the fee paid is sufficient for the claim made in the
plaint as amended. The Court may allow such application on such terms as it
considers just,the Court may permit the plaintiff at any later stage of the suit
to add to the claim the part so relinquished on payment of the additional fee.
13. Fee payable on written statements - Where fee is payable under this Act
on a written statement filed by a defendant, the provisions of section 11 shall
apply to the determination and levy of the fee payable on such written
statement, the defendant concerned being regarded for the said purpose as the
plaintiff and the plaintiff or the co-defendant or the third party against whom
the claim is made being regarded as the defendant.
14. Fee payable on appeals, etc., - The provisions of section 10 to 12 relating
to the determination and levy of fee on plaints in suits shall apply mutatis
mutandis to the determination and levy of fee in respect of a memorandum of
appeal, cross-objection or other proceeding in second appeal or in an appeal
under the Letters Patent.
15. Fee payable on petitions, applications, etc., - The provisions of section
10 to 12 shall apply to the determination and levy of fee in respect of petitions,
applications and other proceedings in Courts in the same way as they apply to
the determination and levy of fee on plaints in suits.
16. Court-fee Examiners - (1) The High Court may depute officers to be
designated Court-fee Examiners to inspect the records of subordinate Courts
with a view to examine the correctness of the valuation of subject-matter and
sufficiency of fee in respect of proceedings in such Courts, and orders, if any
passed by the Courts in relation thereto.
(2) Questions relating to valuation of subject-matter and sufficiency of fee
in respect of proceedings in a Court raised in reports submitted by such Court-
fee Examiners shall be heard and decided by such Courts.
17. Inquiry and commission - For the purpose of deciding whether the
subject-matter of a suit or other proceeding has been properly valued or
whether the fee paid is sufficient, the Court may hold such inquiry as it
considers necessary and may, if it thinks fit issue a commission to any person
directing him to make such local or other investigation as may be necessary
and to report thereon to the Court.
18. Notice to the State Government - In any inquiry relating to the fee
payable on a plaint, written statement, petition, memorandum of appeal or
other document, or to the valuation of the subject-matter of the claim to which
the plaint, written, statement, petition, memorandum of appeal or other
document relates, in so far as such valuation affects the fee payable, the Court
may, if it considers it just or necessary to do so, give notice to the State
Government; and where such notice is given, the State Government shall be
deemed to be a party to the suit or other proceeding as regards the
determination of any question in the enquiry aforesaid and the Court’s decision
on such question shall, where it passes a decree or final order in such suit or
proceeding, form part of such decree or final order.
CHAPTER IV
COMPUTATION OF FEE
19. Fee how computed - The fee payable under this Act shall be computed in
accordance with the provisions of this Chapter, Chapter VI, Chapter VIII and
Schedules I and II.
20. Suits for money - 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.
21. Suits for immovable property - Subject to the other provisions of this Act,
in a suit relating to immovable property, fee shall be computed on three-
fourths of the market value of the property.
22. Suits for maintenance and annuities - 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.
23. Suits for movable property - (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 or at which such
relief is valued by the Court, whichever is higher.
(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 where the plaintiff’s title to the money or the property secured by
the document is denied:
 Provided that where such denial relates only to a portion of the amount or
property, fee shall be computed on one-fourth of such portion of the amount or
on one-fourth of the market value of such portion of the property.
(b) In a suit for possession of documents of title, where the plaintiff’s
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 or at which such relief is valued by the Court,
whichever is higher.
Explanation -The expression “document to title” means a document
which purports or operates to create, declare, assign, limit or extinguish,
whether in present or in future any right, title or interest, whether vested or
contingent, in any property.
24. Suits for declaration - In a suit for a declaration with or without
consequential relief, not falling under section 25 -
(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 movable property or three-fourths of the
market value of the immovable 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
other things 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 at which such relief is valued by
the Court, 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 at which such relief is
valued by the Court, whichever is higher.
25. Adoption suits - In a suit for a declaration involving a question as to the
factum or validity of an adoption, fee shall be computed on one-half of the
market value of the movable and immovable property involved in, or affected by
such declaration or on rupees five hundred, whichever is higher.
26. Suits for injunction - In a suit for injunction-
(a) where the relief sought relates to any immovable property, and
where the plaintiff’s title to the property is denied, fee shall be
computed on one-half of the market value of the property or on
rupees two hundred, whichever is higher;
(b) where the relief sought 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 at which such relief is valued by
the Court, 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 at which such relief is
valued by the Court, whichever is higher.
27. Suits relating to trust property - (1) In a suit for possession or joint
possession of trust property or for a declaration, with or without consequential
relief, between trustees or rival claimants to the office of trustee or between a
trustee and a person who has ceased to be a 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.
(2) Where the property has no market value, value for the purpose of
determining the jurisdiction of Courts shall be the amount stated 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.
28. Suits for possession under the Specific Relief Act, 1877 - In a suit for
possession of immovable property under section 9 of the Specific Relief Act,
1877 (Central Act 1 of 1877), fee shall be computed on one-half of the market
value of the property or on rupees two hundred, whichever is higher.
29. Suits for possession not otherwise provided for - In a suit for possession
of immovable property not otherwise provided for, fee shall be computed on
three-fourths of the market value of the property or on rupees three hundred,
whichever is higher.
30. Suits relating to easements - In a suit relating to an easement by the
dominant or the servient owner, fee shall be computed on the amount at which
the relief sought is valued in the plaint or at which such relief is valued by the
Court, whichever is higher:
Provided that, where compensation is claimed in addition to the relief
relating to such easement, fee shall be paid on the amount claimed as
compensation in addition to the fee payable on the relief relating to the
easement.
31. Suits relating to mortgages - (1) In a suit to recover the money due on a
mortgage, whether the sale of the mortgaged property is prayed for or not, fee
shall be computed on the amount claimed.
(2) If the holder of a prior mortgage or charge impleaded as a defendant
in such a suit prays in his written statement for the determination of the
amount due on his mortgage or charge and for a direction in the decree for the
payment of such amount to him, fee shall be payable on the written statement
computed on the amount claimed:
Provided that, where the holder of the prior mortgage or charge has paid
a fee in any other proceeding on the claim to which his written statement
relates, credit shall be given for the fee paid by him in such other proceeding.
(3) 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 shall pay on his application a fee
computed on the amount claimed by him:
Provided that, where the holder of a prior or subsequent mortgage or
charge is a party to the suit in which the sale was held and has paid fee on the
written statement filed by him in the suit, no fee shall be payable by him on the
application for payment out of the sale proceeds:
Provided further that, where the holder of a prior or subsequent
mortgage or charge, not being a party to the suit in which the sale is held, has
paid a fee in any other proceeding on the claim to which his application relates,
credit shall be given for the fee paid by him in such other proceeding.
(4) In a suit by a co-mortgagee, fee shall be computed on the amount
claimed on the entire mortgage:
Provided that, where any other co-mortgagee impleaded as defendant in
such suit claims on the entire mortgage a sum larger than that claimed in the
plaint, the difference between the fee computed on the entire sum claimed in
such defendant’s written statement and the fee computed on the entire sum
claimed in the plaint shall be payable on the written statement.
(5) (a) 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, fee
shall be computed on the amount claimed under the sub-mortgage.
(b) 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, fee shall be computed
on the entire amount claimed on the original mortgage which is
sub-mortgaged to him.
(6) Where the holder of a prior or subsequent mortgage or charge is
impleaded in a suit by a co-mortgage to which sub-section (4) applies, or in a
suit by a sub-mortgage to which sub-section (5) applies, the provisions of sub-
sections (2) and (3) shall apply mutatis mutandis to a written statement or an
application filed by such holder of mortgage or charge.
(7) Where the original mortgage who is impleaded in a suit to which the
provisions of sub-section (5)(b) apply claims on the mortgage sub-mortgaged by
him a larger amount than is claimed in the plaint, the provisions of sub-section
(4) shall apply mutatis mutandis to the written statement of such original
mortgagee.
(8) In a suit against a mortgagee for redemption of a mortgage, 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:
Provided that, where the amount due on the mortgage is found to be
more than the amount on which fee has been paid by the plaintiff, no decree
shall be passed until the deficit fee is paid:
Provided further that, in the case of any usufructuary or anomalous
mortgagee, if the plaintiff prays for redemption as well as for accounts of
surplus profits, fee shall be levied separately on the relief for accounts as in a
suit for accounts.
(9) In a suit by a mortgagee to foreclose the mortgage or, in the case of a
mortgage by conditional sale, to have the sale declared absolute, fee shall be
computed on the amount claimed in the plaint.
32. Suits for accounts- (1) In a suit for accounts, fee shall be computed on the
amount 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.
(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.
(4) Whether or not a decree is passed under sub-section (2) or sub-
section (3), the fee payable under either of the said sub-sections shall be
recoverable as if it were an arrear of land revenue.
33. Suits for dissolution of partnership - (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 towards 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 in favour of a defendant, no payment
shall be made out of the assets of the partnership and no property shall be
allotted towards his share in any such suit until the fee computed on the
amount or value of his share of the assets of the partnership is paid.
(4) Whether or not a decree is passed, payment made or property allotted
under sub-section (2) or sub-section (3), the fee payable under either of the
said sub-sections shall be recoverable as if it were an arrear of land revenue.
34. Partition suits - (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 movable property or three-fourths of the
market value of the immovable property included in 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:-
When the plaint is presented to-
(i) a District Munsif’s Court…        Rupees fifty.
(ii) a Subordinate Judge’s Court
or a District Court …         Rupees one hundred if the value
of plaintiff’s share is less
than Rs.10,000.
Rupees two hundred if the
value is not less than Rs.
10,000.
(3) Where, in a suit falling under sub-section (1) or sub-section (2), the
plaintiff or the defendant seeks also cancellation of decree or other document of
the nature specified in section 37, separate fee shall be payable on the relief of
cancellation in the manner specified in that section.
35. Suits for joint possession - 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 movable property or three-fourths of the market value of the immovable
property included in the plaintiff’s share.
36. Administration suits - (1) In a suit for the administration of an estate, fee
shall be levied on the plaint at the rates specified in section 47.
(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 such
share or part of such assets is paid.
(3) No payment shall be made and 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.
(5) Whether or not payment is made or decree passed under sub-section
(2) or sub-section (3), the fee payable under either of the said sub-sections
shall be recoverable as if it were an arrear of land revenue.
37. Suits for cancellation of decrees, etc. - (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 -
(a) 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 or other document was executed;
(b)if a part of the decree or other document is sought to be
cancelled, such part of the amount or of the 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
for cancellation of a decree within the meaning of this section.
38. Suits to set aside attachment, etc. - (1) In a suit to set aside an
attachment by a Civil or Revenue Court of any movable or immovable property
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 47.
Explanation -For the purposes of this section, the Registrar of Co-
operative Societies shall be deemed to be a Civil Court.
39. Suits for specific performance - In a suit for specific performance, 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 penalty 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 movable property or three-fourths of the market value of the
immovable property sought to be taken in exchange;
(e) in other cases, where the consideration for the promise sought
to be enforced has a market value, computed on the market value
of the movable property or three-fourths of the market value of the
immovable property or where such consideration has no market
value, at the rate specified in section 47.
40. Suits between landlord and tenant - (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 the 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 the recovery of possession of immovable property from which
a tenant has been illegally ejected by the landlord;
(e) for establishing or challenging 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, 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.
(3) In an appeal from a suit to contest a distraint under sub-section (1) or
sub-section (2) of section 95 of1[the Andhra Pradesh (Andhra Area) Estates
Land Act, 1908 (Act I of 1908),] or to contest the right of sale under section 112
of that Act, fee shall be charged on the amount of the arrears for which the
distraint has been made or the sale is proposed to be held.
41. Suits for mesne profits - (1) In a suit for mesne profits or for immovable
property and mesne profits therefrom, fee shall, in respect of mesne profits, be
computed on the amount claimed as mesne profits. If the profits ascertained to
be due to the plaintiff are in excess of the profits as claimed, no decree 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 profits so
ascertained is paid.
(2) Where a decree directs an enquiry as to the mesne profits which have
accrued on the property, whether prior or subsequent to the institution of the
suit, no final decree 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 profits accrued due till the date of such decree is paid.
(3) Where, for a period subsequent to the date of the decree or final
decree, such decree or final decree directs payment of mesne profits at a
specified rate such decree or final decree shall not be executed until the fee
computed on the amount claimed in execution is paid.
(4) Whether or not a decree is passed under sub-section (1) or sub-
section (2) or executed under sub-section (3), the fee payable under any of the
said sub-sections shall be recoverable as if it were an arrear of land revenue.
42. Suits under the Andhra Pradesh Survey and Boundaries Act, 1923 - In
a suit under section 14 of1[the Andhra Pradesh Survey and Boundaries Act,
1923 (Act VIII of 1923),] 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.
43. Suits to alter or cancel entry in a register - In a suit to alter or cancel
any entry in a register of the names of proprietors of revenue-paying estates,
the fee payable shall be fifteen rupees.
44. Suits relating to public matters - In a suit for relief under section14 of
the Religious Endowments Act, 1863 (Central Act 20 of 1863), or 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.
45. Interpleader suits - (1) In an interpleader suit, fee shall be payable on the
plaint at the rates specified in section 47.
(2) Where issues are framed regarding contentions of the claimants, fee
shall be computed on the amount of the debt or the money or the market value
of the movable property or three-fourths of the market value of the immovable
property, 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 the
movable property or three-fourths of the market value of the immovable
property to which the suit relates.
1. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws
(Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).
46. 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 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.
47. Suits not otherwise provided for - In suits not otherwise provided for, fee
shall be payable at the following rates: -
When the amount or value of the subject-matter in dispute-
(i) is less than Rs.3,000..                  Rupees fifty.
(ii) is not less than Rs.3,000,
but does not exceed Rs. 5,000. Rupees one hundred.
(iii) exceeds Rs. 5,000
 but does not exceed Rs. 10,000. Rupees two hundred.
(iv) exceeds Rs. 10,000    ..          Rupees three hundred.
48. Fee on memorandum of appeal against order relating to
compensation - 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.
49. Appeals - 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) – Where the appeal is against the refusal of a relief or
against the grant of the relief, the fee payable in the appeal shall be the same
as the fee that would be payable on the relief in the Court of the 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
pendency 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.
CHAPTER V
VALUATION OF SUITS
50. Suits not otherwise provided for - (1) If no specific provision is made in
this Act or in any other law regarding the value of any suit for the purpose of
determining the jurisdiction of Courts, value for that purpose and value for the
purpose of computing the fee payable under this Act shall be the same.
(2) In a suit where fee is payable under this Act at a fixed rate, the value
for the purpose of determining the jurisdiction of Courts shall be the market
value of the movable property or three-fourths of the market value of the
immovable property or, where it is not possible to estimate it at a money value
the amount stated in the plaint.
51. Procedure where objection is taken on appeal or revision that a suit or
appeal was not properly valued for jurisdictional purposes - (1)
Notwithstanding anything contained in Section 99 of the Code of Civil
Procedure, 1908 (Central Act 5 of 1908), an objection that, by reason of the
overvaluation or under-valuation of a suit or appeal, a Court of first instance or
lower appellate Court, which had no jurisdiction with respect to the suit or
appeal, exercised 

Excerpt shown. Open the full act in Lexace.

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