The COURT-FEES ACT, 1870

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THE COURT-FEES ACT, 1870
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title .
Extent of Act.
Commencement of Act.
1A. Definition of “appropriate Government”.
2. [Repealed.].
CHAPTER II
FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES
AT THE PRESIDENCY-TOWNS
3. Levy of fees in High Courts on their original sides.
Levy of fees in Presidency Small Cause Courts.
4. Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction.
In their appellate jurisdiction.
As courts of reference and revision.
5. Procedure in case of difference as to necessity or amount of fee.
CHAPTER III
FEES IN OTHER COURTS AND IN PUBLIC OFFICES
6. Fees on documents filed, etc., in Mufassal Courts or in public offices.
7. Computation of fees payable in certain suits.
(i) for money.
(ii) for maintenance and annuities .
(iii) for other movable property having a market-value.
(iv) (a) for movable property of no market-value.
(b) to enforce a right to share in joint family property.
(c) for a declaratory decree and consequential relief.
(d) for an injunction.
(e) for easements.
(f) for accounts.
(v) for possession of land, houses and gardens.
Proviso as to Bombay Presidency.
for houses and gardens .
(vi) to enforce a right of pre-emption.
(vii) for interest of assignee of land-revenue.

SECTIONS
(viii) to set aside an attachment.
(ix) to redeem.
to foreclose.
(x) for specific performance .
(xi) between landlord and tenant.
8. Fee on memorandum of appeal against order relating to compensation.
9. Power to ascertain net profits or market-value.
10. Procedure where net profits or market-value wrongly estimated.
11. Procedure in suits for mesne profits or account when amount decreed exceeds amount
claimed.
12. Decision of questions as to valuation.
13. Refund of fee paid on memorandum of appeal.
14. Refund of fee on application for review of judgment.
15. Refund where Court reverses or modifies its former decision on ground of mistake.
16. Refund of fee.
17. Multifarious suits.
18. Written examinations of complainants.
19. Exemption of certain documents.
CHAPTER IIIA
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
19A. Relief where too high a court-fee has been paid.
19B. Relief where debts due from a deceased person have been paid out of his estate.
19C. Relief in case of several grants.
19D. Probates declared valid as to trust-property though not covered by court-fee.
19E. Provision for case where too low a court-fee has been paid on probates, etc.
19F. Administrator to give proper security before letters stamped under section 19E.
19G. Executors, etc., not paying full court -fee on probates, etc., within six months after
discovery of under-payment.
19H. Notice of applications for prob ate or letters of administration to be given to Revenue -
authorities, and procedure thereon.
19I. Payment of court-fees in respect of probates and letters of administration.
19J. Recovery of penalties, etc.
19K. Sections 6 and 28 not to apply to probates or letters of administration.
CHAPTER IV
PROCESS-FEES
20. Rules as to cost of processes.
Confirmation and publication of rules.

SECTIONS
21. Tables of process-fees.
22. Number of peons in District and subordinate Courts.
Number of peons in Mufassal Small cause Courts.
23. Number of peons in Revenue Courts.
24. [Repealed.].
CHAPTER V
OF THE MODE OF LEVYING FEES
25. Collection of fees by stamps.
26. Stamps to be impressed or adhesive.
27. Rules for supply, number, renewal and keeping accounts of stamps.
28. Stamping documents inadvertently received.
29. Amended document.
30. Cancellation of stamp.
CHAPTER VI
MISCELLANEOUS
31. [Repealed.].
32. [Repealed.].
33. Admission in criminal cases of documents for which proper fee has not been paid.
34. Sale of stamps.
35. Power to reduce or remit fees.
36. Saving of fees to certain officers of High Courts.
SCHEDULE I.— AD VALOREM FEES
TABLE OF RATES OF AD VALOREM FEES LEVIABLE ON THE
INSTITUTION OF SUITS.
SCHEDULE II. — FIXED FEES
SCHEDULE III. — FORM OF VALUATION (TO BE USED WITH SUCH MODIFICATIONS, IF ANY,
AS MAY BE NECESSARY)

ANNEXURE A.— VALUATION OF THE MOVABLE AND IMMOVABLE
PROPERTY OF DECEASED.
ANNEXURE B.—SCHEDULE OF DEBTS, ETC.

THE COURT-FEES ACT, 1870
ACT NO. 7 OF 18701
[11th March, 1870.]
CHAPTER I
PRELIMINARY
1. Short title. —This Act may be called the Court -fees Act, 1870.
Extent of Act .—It extends to the whole of India except 2[the territories which, immediately before
the 1st November, 1956, were comprised in Part B States];
Commence ment of Act .—And it shall come into force on the first day of April, 1870.
3[1A. Definition of “appropriate Government ”.—In this Act “the appropriate Government ”
means, in relation to fees or stamps relating to documents presented or to be presented before any
officer serving under the Central Government, that Government, and in relation to any other fees
or stamps, the State Government.]
42. [“Chief Controlling Revenue -authority ” defined. ] Rep. by the A. O. 1937.

1. It has been declared inapplicable to proceedings before officer s making a settlement, and in certain other cases under the S onthal
Parganas Settlement Regulation, 1872 (Reg. 3 of 1872), s. 8, as amended by the S onthal Parganas Justice and Laws Regulation, 1899
(Reg. 3 of 1899).
It has been extended to and brought into f orce in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I
(w.e.f. 1 -7-1965) , to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch., and to the whole of Union territory of
Lakshadweep by Reg. 8 of 1 863, s. 3 and Sch., with modification (w .e.f. 1 -10-1967).
It has been amended in —
Ajmer -Merwara by Act 31 of 1930;
Assam by Assam Acts 4 of 1922, 3 of 1932, 18 of 1947, 8 of 1950, 27 of 1954 , 22 of 1955, 3 of 1958, 19 of 1958, 12 of 1960
and 28 of 1972;
Bengal by Bengal Acts 3 of 1898, 4 of 1922, 6 of 1922, 7 of 1935, 11 of 1935 and 3 of 1941;
Bihar by Bihar Acts 17 of 1939 and 7 of 19 58.
Bihar and Orissa by B. & O. Act 2 of 1922;
Bombay by Bombay Acts 2 of 1932 and 15 of 1943;
C.P. by C.P. Act 16 of 1935;
C.P. and Berar by C.P . and Berar Acts 9 of 1938, 16 of 1940, 9 of 1941, 5 of 1945 and 7 of 1948 and M.P. Acts 4 and 38 of
1950, 13 and 22 of 1951 and 9 of 1953;
Himachal Pradesh by H.P. Act 4 of 1952;
Madras by Madras Acts 5 of 1922 and 17 of 1945;
Orissa by Orissa Acts 5 of 1939, 4 of 1945, 13 of 1957, 12 of 1974 and 55 of 1975;
Punjab by Act 17 of 1887 and Punjab Acts 7 of 1922, 1 of 1942, E.P. Act 26 of 1949 and Pun. Act 31 of 1953,
19 of 1957, 20 of 1960 and 9 of 1979;
U.P. by U.P. Acts 12 of 1922, 3 of 1933, 2 of 1936, 19 of 1938, 9 of 1941, 14 of 1942, 8 of 1943, 5 of 1944, 14 of
1948, 28 of 1957, 10 of 1959, 34 of 1970 and 9 of 1975;
Andaman and Nicobar Islands by Reg. 2 of 1957;
Meghalaya by Meghalaya Acts 2 of 1973 and 5 of 1973;
Madhya Pradesh by Madhya Pradesh Acts 24 of 1975 and 4 of 1976;
Delhi by Central Act 28 of 1967; and
Haryana by Haryana Acts 11 of 1974 and 22 of 1974.
The Act has been repealed in its application to Bombay area and Coorg district of Mysore by Mysore Act 16 of 1958.
It has been repealed in part in partially excluded areas in Madras and Koraput by Madras Reg. 6 of 1940 and Orissa Reg. 7 of 1943,
respectively.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
3. Ins. by the A.O. 1937.
4. The Original s. 2 relating to repeal of enactments was rep. by the Repealing Act, 1870 (14 of 1870). A section defining “Chief
Controlling Revenue-authority” was added by s. 2 of the Court -fees (Amendment) Act, 1901 (10 of 1901), and was slightly amended
by the Repealing and Amending Act, 1917 (24 of 1917). For the definition of the “Chief Controlling Revenue -authority” see now the
General Clauses Act, 1897 (10 of 1897), s. 3 (10).
The A.O. 1937 rep. s. 2 as in force elsewhere than in Bengal. In that Province the secti on subs. by the Court -fees (Bengal
Amendment) Act, 1935 (Ben. 7 of 1935), s. 3 contains definitions of “appeal”, “Chief Controlling Revenue -authority”,
“Collector” and “Suit”.

STATE AMENDMENT
Orissa
Amendment of section 2 of Act (7 of 1870). —For section 2 of the Court Fees Act, 1870, hereinafter
called the principal Act, the following section shall be substituted:—
“2. Definition.—In this Act, unless there is anything repugnant in the subject or context,—
(1) ‘appeal’ includes a cross objection;
(2) ‘suit’ includes an appeal from a decree except in section 8-A.”
[Vide Orissa Act 5 of 1939, s. 3]
CHAPTER II
FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES
AT THE PRESIDENCY-TOWNS
3. Levy of fees in High Courts on their original sides. —The fees payable for the time being to the
clerks and officers (other than the Sheriffs and attorneys) of 1[the 2[High Courts other than those of
Kerala, Mysore and Rajasthan]],
or chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, 14, 3***
20 and 21 of the second, schedule to this Act annexed;
Levy of fees in Presidency Small Cause Courts. —and the fees for the time being chargeable in the
Courts of Small Causes at the 4presidency-towns, and their several offices;
shall be collected in manner hereinafter appearing.
4. Fees on documents filed, etc., in High Courts, in their extraordinary jurisdic tion.—No
document of any of the kinds specified in the first or second schedule to this Act annexed, as chargeable
with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said
High Courts in any case coming before such Court in the exercise of its extra ordinary original civil
jurisdiction;
or in the exercise of its extraordinary original criminal jurisdiction;
In their appellate jurisdiction. —or in the exercise of its jurisdiction as regards appeals from the
5[judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the
Court) of one] or more Judges of the said Court, or of a Division Court;
or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;
As Courts of reference and revision.—or in the exercise of its jurisdiction as a Court of reference or
revision;
unless in respect of such document there be paid a fee of an amount not less than that indicated by
either of the said schedules as the proper fee for such document.
STATE AMENDMENT
Uttar Pradesh
Amendment of section 4 of Act VII of 1870 .—In the marginal heading to the first clause of
section 4 of the Court Fees Act, 1870, as amended from time to time in its application to Uttar Pradesh for
the words “in the High Courts in their ordinary or extraordinary jurisdiction “ shall be substitution.
[Vide Uttar Pradesh Act X of 1959, s. 2]

1. Subs by the A.O.1950, for “the Courts which are High Courts for the purposes of the Government of India Act, 1935”.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “High Courts for Part A States”.
3. The number “16” rep. by Act 12 of 1891.
4. See the Presidency Small Cause Courts Act, 1882 (15 of 1882), Ch. X.
5. Subs. by Act 19 of 1922, s. 2, for “judgment of two”.

Amendment of section 4 of Act VII of 1870. —In section 4 of the Court Fees Act, 1870, as amended
from time to time in its application to Uttar Pradesh—
(1) for the words “any of the said High Courts”, the words “the High Court of Judicature at
Allahabad” shall be substituted;
(2) between the words “in the exercise of its” and the words “extraordinary original civil
jurisdiction”, the words “ordinary or” shall be inserted;
(3) between the words “in the exercise of its” and the words “extraordinary original criminal
jurisdiction”, the words “ordinary or” shall be inserted; and
(4) after the sub -paragraph “or in the exercise of its jurisdiction as a Court of reference or
revision”, the following sub-paragraphs shall be added—
“Or in the exercise of its jurisdiction to issue directio n the exercise of nation, orders or writs
under the jurisdiction to issue Constitution of India;
Or in the exercise of jurisdiction in any other in the exercise of any other jurisdiction matter.”
[Vide Uttar Pradesh Act X of 1959, s. 3]
5. Procedure in case of difference as to necessity or amount of fee. —When any difference arises
between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or
attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference
arises in any of the said High Courts, be referred to the taxing -officer, whose decision thereon shall be
final, except when the questio n is, in his opinion, one of general importance, in which case he shall refer
it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the
Chief Justice shall appoint either generally or specially in this behalf.
When any such difference arises in any of the said Courts of Small Causes, the question shall be
referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in
his opinion, one of general importance, in which case he shall refer it to the final decision of the first
Judge of such Court.
The Chief Justice shall declare who shall be taxing -officer within the meaning of the first paragraph
of this section.
CHAPTER III
FEES IN OTHER COURTS AND IN PUBLIC OFFICES
6. Fees on documents filed, etc., in Mufassal Courts or in public offices. —Except in the
Courts hereinbefore mentioned, no document of any of the kinds specified as chargeable in the first
or second schedule to this Act annexed shall be filed, exhibited or r ecorded in any Court of Justice,
or shall be received or furnished by any public officer, unless in respect of such document there be
paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee
for such document.
STATE AMENDMENT
Orissa
Amendment of section 6 of Act (7 of 1870) .--Section 6 of the principal Act shall be re-numbered as
sub-section (1) of section 6 and , after the said sub-section, the following sub-section shall be inserted:—
“(2) Notwithstanding anything contained in sub -section (1), the Provincial Government may, by
notification, direct that a copy of a document, specified as chargeable in Schedules I and II to this
Act annexed, shall be furnished by a public officer without payment of the fee ind icated by either of
the said Schedules as the proper fee for such copy and the copy so furnished shall be chargeable
with the requisite fee only when it is filed, exhibited or recorded in any Court of justice or received
by a public officer as mentioned in sub-section (1).”
[Vide Orissa Act 5 of 1939, s. 4]

STATE AMENDMENT
Uttar Pradesh
Amendment of section 6 of Act (7 of 1870) .—In section 6 of the Court Fees Act, 1870 as
amended in its application to Uttar Pradesh, hereinafter, in this Chapter referred to as the principal
Act,—
(a) in sub -section ( 1), in the first proviso, for the words “the United” Provinces Tenancy Act,
1939, or the United Provinces Land Revenue Act, 1901”, the words “any law relation to land
tenures or land revenue shall be substitute d;
(b) in sub -section ( 6), for the words “Chief Inspector of Stamps” the words “Commission of
Stamps” shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 2]
Amendment of section 6 -A.—In section 6 -A of the principal Act, in sub -section ( 3), for the
words “Chief Inspector of Stamps”, the words “Commissioners of Stamps” shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 3]
Amendment of section 6 -B.—In section 6 -B of the principal Act, in sub -section ( 1), for the
words “Chief Inspector of Stamp s”, the words “Commissioner of Stamps” shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 4]
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 mainte nance and annuities or other sums
payable periodically—according to the value of the subject-matter of the suit, and such value shall be
deemed to be ten times the amount claimed to be payable for one year:
for other movable property having a market -value.—(iii) In suits for movable property other
than money, where the subject -matter has a market -value—according to such value at the date of
presenting the plaint:
(iv) In suits—
for movable property of no market -value.—(a) for movable property where the sub ject-
matter has no market-value, as, for instance, in the case of documents relating to title,
to enforce a right to share in joint family property. —(b) to enforce the right to share in
any property on the ground that it is joint family property,
for a dec laratory decree and consequential relief. —(c) to obtain a declaratory decree or
order, where consequential relief is prayed,
for an injunction.—(d) to obtain an injunction,
for easements.—(e) for a right to some benefit (not herein otherwise provided for) to arise
out of land, and
for accounts.—(f) for accounts—
according to the amount at which the relief sought is valued in the plaint or memorandum
of appeal:

In all such suits the plaintiff shall state the amount at which he values the relief
sou ght 1***:
for possession of land, houses and gardens. —(v) In suits for the possession of land, houses and
gardens—according to the value of the subject-matter; and such value shall be deemed to be—
where the subject -matter is land, and —
(a) where the land forms a n entire estate, or a definite share of an estate, paying annual
revenue to Government,
or forms part of such an estate and is recorded in the Collector ’s register as separately
assessed with such revenue,
and such revenue is permanently settled—
ten times the revenue so payable:
(b) where the land forms an entire estate, or a definite share of an estate, paying annual
revenue to Government, or forms part of such estate and is recorded as aforesaid;
and such revenue is settled, but not permanently—
five times the revenue so payable:
(c) where the land pays no such revenue, or has been partially exempted from such payment, or is
charged with any fixed payment in lieu of such revenue,
and nett profits have arisen from the land during the year next before the date of presenting the plaint—
fifteen times such nett profits:
but where no such nett profits have arisen therefrom — the amount at which the Court shall
estimate the land with reference to the value of similar land in the neigh bourhood :
(d) where the land forms part of an estate paying revenue to Government, but is not a definite
share of such estate and is not separately assessed as above-mentioned—the market-value of the land:
Proviso as to Bombay Presidency. —Provided that, in the 2territories subject to the Governor of
Bombay in Council, the value of the land shall be deemed to be—
(1) where the land is held on settlement for a period not exceeding thirty years and pays the
full assessment to Government—a sum equal to five times the survey-assessment;
(2) where the land is held on a permanent settlement, or on a settlement for any period
exceeding thirty years, and pays the full assessment to Government—a sum equal to ten times the
survey-assessment; and
(3) where the whole or any part of the annu al survey -assessmen t is remitted —a sum
computed under paragraph (1) or paragraph (2) of this proviso, as the case may be, in
addition to ten times the assessment, or the portion of assessment, so remitted .
Explanation.—The word “estate”, as used in this pa ragraph, means any land subject to the
payment of revenue, for which the proprietor or a farmer or raiyat shall have executed a separate
engagement to Government, or which, in the absence of such engagement, shall have been separately
assessed with revenue:

1. The words “and the provisions of the Code of Civil Procedure, section thirty -one, shall apply as if, for the word ‘claim’, the
words ‘relief sought’, were substituted” omitted by Act 12 of 1891, s. 3 and the First Schedule.
2. See para.8 of the A. O. 1937. In view of this provision the expressi on “Governor of Bombay in Counc il” has been left
unmodified.

for houses and gardens. —(e) Where the subject -matter is a house or garden according to the
market-value of the house or garden:
to enforce a right of pre -emption.—(vi) In suits to enforce a right of pre -emption-according to the
value (computed in accordance with paragraph (v) of this section) of the land, house or garden in respect
of which the right is claimed:
for interest of assignee of land revenue. —(vii) In suits for the interest of an assignee of land
revenue—fifteen times his net profits as such for the year next before the date of presenting the plaint:
to set aside an attachment.—(viii) In suits to set aside an attachment of land or of an interest in land
or revenue—according to the amount for which the land or interest was attached:
Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be
computed as if the suit were for the possession of such land or interest.
to redeem.—(ix) In suits against a mortgagee for the recovery of the property mortgaged.
to foreclose.—and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made
by conditional sale, to have the sale declared absolute—
according to the principal money expressed to be secured by the instrument of mortgage :
for specific performance.—(x) In suits for specific performance—
(a) of a contract of sale—according to the amount of the consideration :
(b) of a contract of mortgage —according to the amount agreed to be secured :
(c) of a contract of lease—according to the aggregate amount of the fine or premium (if any) and
of the rent agreed to be paid during the first year of the term :
(d) of an award—according to the amount or value of the property in dispute :
between landlord and tenant.— (xi) In the following suits between landlord and tenant:—
(a) for the delivery by a tenant of the counterpart of a lease,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,
1[(cc) for the recovery of immovable property from a tenant, including a tenant holding over after
the determination of a tenancy,]
(d) to contest a notice of ejectment,
(e) to recover the occupancy of 2[immovable property] from which a tenant has been illegally
ejected by the landlord, and
(f) for abatement of rent—
according to the amount of the rent of the 2[immovable property] to which the suit refers,
payable for the year next before the date of presenting the plaint.
STATE AMENDMENT
Orissa
Amendment of section 7 of Act (7 of 1870). —In section 7 of the principal Act, for the words “in the
suits next hereinafter mentioned” the words “in the suits next hereinafter mentioned except suits for relief
under section 14 of the Religious Endowments Act, 1863, or under section 91 or section 92 of the Code of
Civil Procedure, 1908”, shall be substituted.
[Vide Orissa Act 5 of 1939, s. 5]

1. Ins. by Act 6 of 1905, s. 2 (1).
2. Subs. by s. 2 (2), ibid., for “land”.

Amendment of section 7 of Act (7 of 1870). —In section 7ii of the p rincipal Act, after the words
“shall be deemed to be the words ” “in suits for maintenance five times and in other su its” shall be
inserted.
[Vide Orissa Act 5 of 1939, s. 6]
Amendment of section iv of Act (7 of 1870).—Clause (b) of section 7iv of the principal Act shall be
omitted.
[Vide Orissa Act 5 of 1939, s. 7]
Insertion new paragraph in section 7 of Act (7 of 1870) .—In section 7 of the principal Act after
paragraph iv the following paragraph shall be inserted:—
“iv-A. in a suit for cancellation of a decree for money or other property having a money –value ,
or other document securing money or other property having such value,
According to 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 the value of the
property for which the decree was passed or the other document 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.
Explanation.—In any case where a suit for the cancellation of a whole decree for money or other
property having a money value, or other document securing money or other property having such
value has to be instituted, but the substantial relief claimed is only in respect of a part of the amount
or the decree was passed or the other document as executed, the value of the subject matter of the suit
shall be deemed to be such part of the amount or value of the property in respect of which the relief is
sought.”
[Vide Orissa Act 5 of 1939, s. 8]
Amendment paragraph v of section 7 of Act (7 of 1870). —In paragraph v of sect ion 7 of the
principal Act,
(1) in clause (a), for the word “ten” the word “ten” shall be substituted;
(2) in clause (b), for the word “five” the word “ten” shall be substituted;
(3) the following proviso shall be inserted after the existing proviso:—
“Provided further that in suits for possession of land if rules are framed under section 3 of the
Suits Valuation Act, 1887 (7 of 1887), for determining the value for the purposes of jurisdiction, the
value so determined shall be deemed to be the value of the hand for the purposes of this paragraph ;
and
(4) the existing Explanation shall be re -numbered as Explanation I, and, after the
Explanation so re-numbered, the following Explanation shall be added, namely:—
“Explanation II.—In this paragraph, ‘building’ includes a house, out -house, stable, privy, urinal,
shed, hut, wall, and any other such structure, whether of masonry, bricks, wood, mud, metal or any
other material whatsoever.”
[Vide Orissa Act 5 of 1939, s. 9]
Insertion of new paragraph vi-A in section 7 of Act (7 of 1870). —In section 7 of the principal Act
after paragraph vi the following paragraph shall be inserted:—
“vi-A. In suits for partition and separate possession of a share of joint family property or of joint
property, or to enforce a right to a share in any property on the ground that it is joint family property
or joint property—
if the plaintiff alleges that he has been excluded from possession of the property of which he
claims to be a coparcener or co-owner-according to the market-value of the share in respect of which
the suit is instituted.

Explanation.—The word “possession” for the purposes of this paragraph includes constructive
possession.”
[Vide Orissa Act 5 of 1939, s. 10]
Haryana
Amendment of section 7 of Act 7 of 1870 .— In section 7 of the Court Fees Act, 1870 (hereinafter
referred to as the principal Act),—
(a) in the first proviso to clause (iv), for the words "thirteen rupees", the words `twenty -five
rupees' shall be substituted ; and
(b) for clause (v), the following clause shall be substituted, namely :—
"(v) in suits for the possession of land, houses and gardens, according to the value of the
subject matter ; and such value shall be deemed to be,—
(a) where the subject matter is land, according to the mar ket value thereof which shall be
deemed to be,—
(i) in the case of land which is irrigated by perennial canal, two thousand rupees per
acre ;
(ii) in the case of land which is irrigated by non -perennial cana l or by well, one
thousand and five hundred rupees per acre ;
(iii) in the case of land which is Barani, one thousand rupees per acre ;
(iv) in the case of land which is Sailab or Bhud, seven hundred and fifty rupees per
acre ; and
(v) in the case of land which is Thur, Sem, Banjar or of like nature, fiv e hundred
rupees per acre ; and
(b) where the subject matter is house or garden, according to its market value ;".
[Vide Haryana Act 11 of 1974, s. 2]
Haryana
Amendment of section 7 of Act 7 of 1870 .—In section 7 of the Court Fees Act, 1870 (hereinafter
referred to as the principal Act), for sub -clauses (a) and (b) of clause (r), the (following sub-clauses shall
be substituted, namely :—
"(a) where the subject matter is land other than land situated within municipal limits or Abadi
Deh whether under cultivation or not according to the market value thereof which shall be deemed to
be,—
(i) in the case of land which is irrigated by perennial canal, sixty rupees per acre ;
(ii) in the case of land which is irrigated by non -perennial canal or by well, fifty rupe es per
acre ; and
(iii) in the case of land which is Barani, Sailab, Bhud, Thur, Sem, Banjar or of like nature,
thirty rupees per acre ; and
(b) where the subject matter is house, garden, or land situated within municipal limits or Abadi
Deh whether under cultivation or not, according to its market value ; ",
[Vide Haryana Act 22 of 1974, s. 2]
8. Fee on memorandum of appeal against order relating to compensation. —The amount
of fee payable under this Act on a memorandum of appeal against an order relating t o
compensation under any Act for t he time being in force for the 1acquisition of land for public

1. See now the Land Acqu isition Act, 1894 (1 of 1894).

purposes, shall be computed according to the difference between the amount awarded and the
amount claimed by the appellant.
STATE AMENDMENT
Orissa
Insertion of new section 8A in Act (7 of 1870).--After section 8 of the principal Act, the following
section shall be inserted:—
“8A. Statement of particulars of subject -matters of suits and plaintiff’s valuation thereof. —In
every suit in which an ad valorem court-fee is payable under this Act on the plaint, the plaint iff shall file
with the plaint a statement of particulars of the subject -matter of the suit ad his own valuation thereof
unless such particulars and the valuation are contained in the plaint. The statemen t shall be in such form
and shall contain such particulars as may be prescribed by the Provincial Government by notification in
the Gazette. In every such suit the plaintiff shall also, if the Court so directs, file a duplicate copy of the
plaint and of the said statement”.
[Vide Orissa Act 5 of 1939, s. 11]
Haryana
Amendment of section 8 of central Act 7 of 1870 .—To section 8 of the Court Fees Act, 1870,
(hereinafter called the principal Act), the following proviso, shall be added, namely:--
“Provided that the fixed court fee of one hundred rupees shall be payable on the memorandum of a
appeal or cross objections before the High Court arising under the Land Acquisition Act, 1984 or any
other law for the time being in force for acquisition of land for public purposes.”.
[Vide Haryana Act 3 of 1990, s. 2]
9. Power to ascertain nett profits or market -value.—If the Court sees reason to think that the
annual nett profits or the market -value of any such land, house or garden as is mentioned in section 7,
paragraphs (v) and (vi), have or has been wrongly estimated, the Court may, for the purpose of computing
the fee payable in an y suit therein mentioned, issue a commission to any proper person directing him to
make such local or other investigation as may be necessary, and to report thereon to the Court.
10. Procedure where net profits or market -value wrongly estimated .—(i) If in the result of
any such investigation the Court fin ds that the net profits or market -value have or has been
wrongly estimated, the Court , if the estimation has been excessive, may in its discretion ref und
the excess paid as such fee : but, if the estimation has been insufficient, the Court shall require
the plaintiff to pay so much additional fee as would have been payable had the said mark et-value
or nett profits been rightly estimated.
(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid
within such time as the Court shall fix, the suit shall be dismissed.
1* * * * *
11. Procedure in suits for mesne profits or account when amount decreed exceeds amount
claimed.—In suits for mesne profits or for immovable property and mesne profits, or for an account, if
the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff
valued the relief sought, the decree shall not be executed until the difference between the fee actually paid
and the fee which would have been payable had the suit comprised the whole of the profits or amount so
decreed shall have been paid to the proper officer.
Where the amount of mesne profits is left to be ascertained in the course of the execution of the
decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be
stayed until the difference between the fee actually paid and the fee which would have been payable had

1. Clause (iii) rep. by Act 12 of 1891, s. 3 and the First Schedule.

the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within
such time as the Court shall fix, the suit shall be dismissed.
STATE AMENDMENT
Orissa
Amendment of section 11 of Act (7 of 1870 ).—For the second paragraph of section 11 of the
principal Act the following paragraphs shall be substituted:—
“Where a decree di rects an enquiry as to mesne -profits which have accrued on the property
during a period prior to the institution of the suit, if the profits ascertained on such inquiry exceed the
profits claimed, no final decree shall be passed till the difference betwe en the fee actually paid and
the fee which would have been payable had the suit comprised the whole of the profits so ascertained
is paid. If the additional fee is not paid within such time as the Court shall fix, the claim for the excess
shall be dismissed, unless the Court, for sufficient cause, extends the time for payment.
Where a decree directs an inquiry as to mesno -profits from the institution of the suit and a final
decree is passed in accordance with the result of such inquiry, the decree shall no t be executed until
such fee is paid would have been payable on the amount claimed in execution if a separate suit had
been instituted therefor.”
[Vide Orissa Act 5 of 1939, s. 12]
12. Decision of questions as to valuation. —(i) Every question relating to valuation for the purpose
of determining the amount of any fee chargeable under this Chapter on a plaint or memo randum of
appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed,
and such decision shall be final as between the parties to the suit.
(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court
considers that the said question has been wrongly decided to the detriment of the reve nue, it shall require
the party by whom such fee has been paid to pay so much additional fee as would have been payable had
the question been rightly decided, and the provisions of section 10, paragraph (ii), shall apply.
STATE AMENDMENT
Orissa
Amendment of section 12 of Act (7 of 1 870).--(1) In section 12 of the principal Act, for paragraph
ii, the following paragraph shall be substituted:—
“ii. But whenever any such suit comes before a Court of appeal, reference or revision, if such
Court considers that the said question has been wrongly decided, it shall—
(a) in any case in which the decision is to the detriment of revenue, require the party by
whom such fee has been paid, to pay so much additional fee as would have been payable had the
question been rightly decided and thereafter—
(i) if the party required to pay is the appellant or petitioner, the appeal or petition shall be
stayed until the additional fee is paid. If the additional fee is not paid within such time as the
Court shall fix, the appeal or petition shall be dismissed;
(ii) if the party required to pay it’s the r espondent or the opposite party , the Court shall
fix a date before which such party shall pay the amount of court fee due from him and, if
such party fails to pay the fee required before the date fixed by the Court, the Court shall
recover the amount of such fee from him as if it were an arrear of land revenue. Where the
Court considers that the amount of such fee should be paid to the respondent or the opposite
party by the appellant or the petitioner, as the case may be , the Court may provide for such
payment in the order as to costs in the said appeal or petition; and
(b) in any case in which the decision is that any excess fee has been levied, direct the refund of
so much excess fee to the party who p aid it as would not have been payable had the question been
rightly decided.

Explanation.—For the purposes of this section a question relating to the classification of any suit
in regard to section 7 shall not be deemed to be a question relating to valuation.”
[Vide Orissa Act 5 of 1939, s. 13]
13. Refund of fee paid on memorandum of appeal.—If an appeal or plaint, which has been rejected
by the lower Court on any of the grounds mentioned in the 1Code of Civil Procedure, is ordered to be
received, or if a suit is remanded in appeal, on any of the grounds mentioned in 2section 351 of the same
Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a
certificate, authorizing him to receive back from the Collector the f ull amount of fee paid on the
memorandum of appeal:
Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of
the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receiv e back
more than so much fee as would have been originally payable on the part or parts of such subject -matter
in respect whereof the suit has been remanded.
STATE AMENDMENT
Orissa
Amendment of section 13.—In the Court-fees Act, 1870 (7 of 1870),—
(a) For the marginal heading to section 13, the following marginal heading shall be substituted,
namely:—
“Refund of fee paid on memorandum of appeal and in cases where compromise or settlement has
been arrived at by a Lok Adalat.”;
(b) Section 13 shall be renumbered as sub-section (1) thereof and —
(i) In sub-section (1) as so renumbered, for the words and figures “ the Code of Civil Procedure”
and “section 351 of the same Code”, the words and figures “ the Code Civil Procedure, 1908” and
“rule 23 of Order XLI of the First Schedule to the said Code” shall respectively be substituted; and
(ii) After sub -section (1) as so renumbered, the following new sub -section shall be inserted,
namely:—
“(2) Where a compromise or settlement has been arrived at, by a Lok Adalat in a case
referred to it under sub -section (1) of section 20 of the Legal Services Authorities Act, 1987 (39
of 1987), the Court by which the case was so referred to the Lok Adalat shall grant a certificate
to the party or every party to the case who pai d any court -fee in that case, authorizing him to
receive back from the Collector the full amount of the fee so paid.”.
[Vide Orissa Act 7 of 2002, s. 2]
Tripura
Amendment of Section 13 .—In section 13 of the principal Act, the expression “the Appellate Cour t
shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full
amount of fee paid on the memorandum of appeal”, shall be substituted with the expression “the
Appellate Court shall grant to the appellant a certific ate, authorizing him to receive back from the
Collector or by way of electronic transfer in such manner as may be prescribed, the full amount of fee
paid on the memorandum of appeal”.
[Vide Tripura Act 17 of 2020, s. 2]

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. This reference should now be read as applying to the corresponding provision of Act 5 of 1908, i.e., Order XLI, rule 23 of the
First Schedule.

14. Refund of fee on application for review of judgment. —Where an 1application for a review of
judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay
was caused by the applicant ’s laches, may, in its discretion, grant him a certificate au thorizing him to
receive back from the Collector so much of the fee paid on the application as exceeds the fee which
would have been payable had it been presented before 2such day.
Tripura
Amendment of Section 14. —In Section 14 of the principal Act, the ex pression “grant him a certificate
authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the
fee which would have been payable had it been presented before such day”, shall be substituted with the
expression “ grant him a certificate authorizing him to receive back from the Collector or by way of
electronic transfer in such manner as may be prescribed, so much of the fee paid on the application as
exceeds the fee which would have been payable had it been presented before such day.”
[Vide Tripura Act 17 of 2020, s. 3]
15. Refund where Court reverses or modifies its former decision on ground of
mistake. —Where an application for a review of judgment is admitted, and where, on the
rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or
fact, the applicant shall be entitled to a certificate from the Court authori sing him to receive back
from the Collector so much of the fee paid on the 3[application] as exceeds the fee payabl e on
any other application to such Court under the second schedule to this Act, No. 1, clause ( b) or
clause ( d).
But nothing in the former part of this section shall entitle the applicant to such certificate
where the reversal or modification is due, wholl y or in part, to fresh evidence which might have
been produced at the original hearing.
Tripura
Amendment of Section 15.—In section 15 of the principal Act, the expression “the applicant shall be
entitled to a certificate from the court authorizing him to receive back from the Collector so much of the
fee paid on the application as exceeds the fee payable on any other application to such Court under the
second schedule to this Act”, shall be substituted with the expression “the applicant shall be entitled t o a
certificate from the court authorizing him to receive back from the Collector or by way of electronic
transfer in such manner as may be prescribed, so much of the fee paid on the application as exceeds the
fee payable on any other application to such court under the second schedule to this Act.”
[Vide Tripura Act 17 of 2020, s. 4]
4[16. Refund of fee .—Where the court refers the parties to the suit to any one of the mode of
settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1 908 (5 of 1908) , the
plaintiff shall be entitled to a certificate from the court authorizing him to receive back from the collector,
the full amount of the fee paid in respect of such plaint.]
Tripura
Amendment of Section 16 .—In Section 16 of the principal Act, the expression “the plaintiff shall be entitled to
a certificate from the Court authorizing him to receive back from the Collector, the full amount of the fee paid in
respect of such plaint”, shall be substituted with the expression “the plaintiff shall be entitled to a certificate from the
Court authorizing him to receive back from the Collector or by way electronic t

Excerpt shown. Open the full act in Lexace.

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