LexThe RAJASTHAN COURT FEES AND SUITS VALUATION ACT, 1961
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THE RAJASTHAN COURT FEES AND SUITS VALUATION ACT, 1961
(Act No. 23 of 1961)
[Received the assent of the President on the 26th day of August, 1961]
An Act to amend and consolidate the law relating to court -fees and valuation of suits in
the State of Rajasthan.
Be it enacted by the Rajasthan State Legislature in the Twelfth Year of the Republic of
India as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - This Act may be called the Rajasthan Court
Fees and Suits Valuation Act, 1961.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may, by notification in
the official 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) Where any other law contains provisions relating to the levy of fee in respect of
proceedings under such other law, the provisions of this Act relating to t he levy of fee in respect
of such proceedings shall apply subject to the said provisions of such other law.
3. Definitions.- In this Act, unless the subject or 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) e xpressions used and not defined in this Act or in the Rajasthan General
Clauses Act, 1955 (Rajasthan Act 8 of 1955), but defined in the Code of Civil Procedur e,
1908 (Central Act 5 of 1908), shall have the meanings respectively assigned to them in
the said Code.
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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,
unless in respect of such document there be paid a fee of an amount not less than that indicated
as chargeable under this Act:
Provided that, whenever the filing or exhibition in a Criminal Court of a document in
respect of which the proper fee has not been paid, is in the opinion of the Court necessary to
prevent a failure of justice, nothing contained in this section shall be deemed to prohibit such
filling or exhibition.
5. Fees on documents inadvertently received. - When a document on which the whole
or any part of the fee prescribed by this Act has not been paid is produced or has, through
mistake or inadvertence, been received in any Court or public office, the court or the head o f the
office may, in its or his discretion at any time, allow 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 have the same force and effect 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 are sought
based on the same cause of action, the plaint shall be charge able with a fee on the aggregate
value of the reliefs:
Provided that, if a relief is sought only as 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) Where a suit embraces two or more distinct and different causes of action and
separate reliefs are sought based on t hem, either alternatively or cumulatively, the plaint shall be
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chargeable with the aggregate amount of the fees with which plaints would be chargeable under
this Act if separate suits were instituted in respect of the several causes of action:
Provided tha t, where the causes 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.
(4) Nothing in sub -section (3) shall b e deemed to affect any power conferred upon a
Court under rule 6 of Order II of the Code of Civil Procedure, 1908 (Central Act 5 of 1908).
(5) 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 shall be deemed to be based on the same cause of action.
7. Determination of market value. - (1) 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.
(2) The market value of land in suits falling under clauses (a) and (b) of section 24 or
under clause (a) of section 26 or under section 28 or under section 29 or under sub -section (1) or
sub-section (3) of section 35 or under section 36 or under section 44 shall be deemed to be -
(a) where rent in respect of such land has been settled, twenty -five times the rent
rate sanctioned therefor during the last settlement, and
(b) where rent in respect of such land has not been settled, twenty -five times the
rent rate sanctioned during the last settlement for similar land in the neighbourhood.
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.
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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 fe e.- (1) In every suit instituted in any Court, the Court shall,
before ordering the plaint to be registered, decide on the materials and allegations contained in
plaint and on the materials contained in the statement, if any, filed under section 10, the pr oper
fee payable thereon, the decision being however subject to review, further review and correction
in the manner specified in the succeeding sub- sections.
(2) Any defendant may plead that the subject -matter of the suit has not been property
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 Cour t decides that the subject -
matter of the suit has not been properly valued or that the fee paid is not sufficient, the Court
shall fix a date before which the plaint shall be amended in accordance with the Court's decision
and the deficit fee shall be paid . If the plaint be not so amended or if the deficit fee be not paid
within the time allowed, the plaint shall be rejected and the Court shall pass such order as it
deems just regarding costs of the suit.
(3) A defendant added after issues have been framed on the merits of the claim may, in
the written statement filed by him, 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 evid ence is recorded affecting such defendant on the merits of the claim, and if
the Court finds that the subject-matter of the suit has not been properly valued or that the fee paid
is not sufficient, the Court shall follow the procedure laid down in sub-section (2).
Explanation.- Nothing in this sub-section shall apply to a defendant added as a successor
or a representative in interest of a defendant who was on record before issues were framed on the
merits of the claim and who had an opportunity to file a wr itten statement pleading that the
subject-matter of the suit was not properly valued or that the fee paid was not sufficient.
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(4) (a) Wherever a case comes up before a Court of Appeal, it shall be lawful for such
Court, either of its own motion or on the a pplication of any of the parties, to consider the
corrections of any order passed by the lower Court affecting 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.- A case shall be deemed to come before a Court of Appeal 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, the Court shall direct the refund
of the excess to the party who is entitled to it.
(5) All questions as to value for the purpose of determining the jurisdiction of courts
arising on the written statement of a defendant shall be heard and decided bef ore 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).
Explanation.- In this section, the expression "merits of the claim" refers to matters which
arise for determination to the suit, not being matters relating to the frame of the suit, misjoinder
of parties and causes of action, the jurisdiction of the court to entertain or try the suit or the fee
payable but inclusive of matters arising on pleas of resjudicata, limitation and the like.
12. Additional fee on issues framed. - Where a party becomes liable to pay additional
fee by reason of an issue framed in the suit, the provisions of the last foregoing section shall
apply to t he determination and levy of such additional fee subject to the modification that were
the party liable does not pay such additional fee within the time allowed, the Court shall strike
off the issue and proceed to hear and decide the other issues in the case.
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13. Relinquishment of portion of claim. - A plaintiff who has been called upon to pay
additional fee may relinquish a part of his claim and apply to have the plaint amended so that the
fee paid would be adequate for the claim made in the plaint as amend ed. The Court shall allow
such application on such terms as it considers just and shall proceed to hear and decide the claim
made in the plaint as amended, provided that the plaintiff shall not be permitted at any later stage
of the suit to add to the claim the part so relinquished.
14. Fee payable on written statement.- 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 party against whom the claim is
made being regarded as the defendant.
15. Fee payable on appeals etc. - The provisions of sections 10 to 13 relating to
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 from the jud gment of a single judge of the High
Court of Rajasthan under any law for the time being in force.
16. Fee payable on petitions, applications etc.- The provisions of sections 10 to 13 shall
apply mutatis mutandis to the determination and levy of fee in resp ect 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.
17. 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 representations made to, and orders passed by , Courts on questions relating to
valuation of subject-matter and sufficiency of fee in respect of proceedings in such Courts.
(2) Questions raised in reports submitted by such Court-fee Examiners and relating to any
suit, appeal or other proceeding pending in a Court shall be heard and decided by such Court;
and for the avoidance of doubt it is hereby declared that in hearing and deciding a question raised
in any such report, it shall be lawful for the court to review an earlier decision given by the court
on the same question.
18. Inquiry and commission.- For the purpose of deciding whether the subject-matter of
a suit or other p roceedings has been properly valued or whether the fee paid is sufficient, the
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Court may hold such inquiry as it considers proper and may. if it thinks fit, 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. Such report and evidence recorded by such person shall be
evidence in such inquiry.
19. 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 Cou rt
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 respect the determination of the question or q uestions as aforesaid, and the Court's
decision on such question or questions, when it passes a decree or final order in such suit or
proceeding, shall be deemed to form part of such decree or final order.
CHAPTER IV
Computation of Fee.
20. Fee how reckoned.- The fee payable under this Act shall be determined or computed
in accordance with the provisions of this Chapter, Chapter VI, Chapter VI II and Schedules I and
II.
21. 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:
1[Provided that in an action or suit for damages under the Fatal Accidents Act, 1855
(Central Act 13 of 1855) a fixe d fee of rupees ten shall be payable on the plaint or the
memorandum of appeal.]
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;
1 Inserted by section 2 of Rajasthan Act No. 16 of 1990, published in Rajasthan Gazette, Extraordinary, Part
IV(A), dated 09-08-1990.
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(c) in a suit for annuities or other sums payable periodically, on five times the
amount claimed to be payable for one year:
Provided that, where the annuity is payable for less than five years, the fee shall be
computed on the aggregate of the sums payable:
Provided further that a suit for enhancement of maintenance shall be instituted in a court
which will have jurisdiction to receive a suit for maintenance at the enhanced rate claimed and
one for reduction of maintenance shall be instituted in a Court which will have jurisdiction to
receive a suit for maintenance at the rate which is sought to be reduced.
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.
(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-
(i) where the plaint allege s denial of the plaintiffs title to the money or the
property secured by the documents,
or
(ii) where an issue is framed regarding the plaintiffs title to the money or on the
property secured by the documents:
Provided that where the allegation in the pla int or the issue framed 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 plaintiffs 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 of 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.
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24. Suits for declaration. - In a suit for a declaratory decree or order, whether 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 relate s, fee shall be computed on the market value of the property,
subject to a minimum fee of twenty rupees;
(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, subject to a minimum fee of twenty rupees;
(c) where the prayer relates to the plaintiffs 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 subject to a minimum fee of forty rupees;
(d) where the prayer is for a declaration with reference to any property a nd no
consequential relief is prayed for, fee shall be computed on the market value of the
property, subject to a minimum fee of twenty rupees;
(e) 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, subject to a minimum fee of twenty-five rupees.
25. Adoption suits.- In a suit for a declaration in regard to the validity or invalidity of an
adoption or the factum of an adoption, fee shall be payable at the following rates:-
where the market value of the property involved in or affected by the relief-
(i) is rupees five thousand or less Rupees fifty.
(ii) exceeds rupees five thousand but does
not exceed rupees ten thousand
Rupees one hundred.
(iii) exceeds rupees ten thousand Rupees five hundred.
26. Suits for injunction.- In a suit for injunction-
(a) where the relief sought is with reference to any immovable property, and where the
plaintiff alleges that his title to the property is denied, fee shall be computed on one -half of the
market value of the property or on rupees three hundred, whichever is higher;
(b) where the prayer relates to the plaintiffs exclusive right to use, sell, print or exhibit
any mark, name, book, picture, d esign or other thing and is based on an infringement of such
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exclusive right, fee shall be computed on the amount at which the relief sought is valued in the
plaint or on rupees five hundred, whichever is higher;
(c) in any other case, whether the subject -matter of the suit has a market value or not, fee
shall be computed on the amount at which the relief sought is valued in the plaint or on rupees
four hundred, whichever is higher.
27. Suits relating to trust property. - In a suit for possession or joint po ssession of trust
property or for a declaratory decree, whether with or without consequential relief in respect of it,
between trustees or rival claimants to the office of trustee or between a trustee and a person who
has ceased to be 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:
Provided that where the property does not have a market value, value for the purp ose of
determining the jurisdiction of Courts shall be such amount as the plaintiff shall state in the
plaint.
Explanation.- For the purpose of this section, property comprised in a Hindu, Muslim or
other religious or charitable endowment shall be deemed t o 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, 18 77 (Central Act I 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 the market value of the
property, subject to a minimum fee of rupees twenty.
30. Suits relating to easement. - In a suit relating to an easement whether by the
dominant or the serv ient owner, fee shall be computed on the amount at which the relief sought
is valued in the plaint, which amount shall in no case be less than rupees two hundred:
Provided that where compensation is claimed besides other relief relating to such
easement, fee shall be paid on the amount claimed as compensation in addition to the fee payable
on such other relief.
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31. Pre-emption suits.- In a suit to enforce a right of pre -emption, fee shall be computed
on the amount of the consideration for the sale which the pre -emptor seeks to avoid or on the
market value of the property sold, whichever is less.
32. Suits relating to mortgages. - (1) In a suit to recover the money due on a mortgage,
fee shall be computed on the amount claimed.
(2) Where, in such a suit, the holder of prior mortgage or charge is impleaded and he
prays in his written statement that the amount due on his mortgage or charge be determined and
that the decree contain a direction 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 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 s uit, 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 such holder of the 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 sh all
be payable by him on the application for payment out of the sale proceeds:
Provided further that, where the holder of the 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 t o 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 -mortgage for the benefit of himself and the other co -mortgagees fee
shall be computed on the amount claimed on the entire mortgage:
Provided that, where a co -mortgagee impleaded as defendant in such suit claims on the
entire mortgage a larger sum than is 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.
Explanation.- Nothing in this sub -section shall be construed as affecting the law of
limitation.
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(5) (a) In a suit by a sub -mortgagee to recover the amount claimed on the sub -morgagee
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 i mpleaded in a suit
by a co -mortgagee to which sub -section (4) applies, or in a suit by a sub -mortgagee to which
sub-section (5) applies, the provisions of sub -section (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 mortgagee 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 mortgagor.
(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:
Provided that, whe re 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 a usufructuary or anomalous mortgage, if the p laintiff
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, where the mortgage is made by
conditional sale, to have the sale declared absolute, fee shall be computed on the amount claimed
in the plaint by way of principal and interest.
33. Suits for accounts. - (1) In a suit for accounts, fee shall be computed on the amount
sued for as estimated in the plaint.
(2) Where the amount payable to the plaintiff as ascertained in the suit is in excess of the
amount as estimated in the plaint no decree directing payment of the amount as so ascertained
shall be passed until the difference between the fee actually paid and the fee that would have
been payable, had the suit comprised the whole of the amount so ascertained, is paid.
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(3) If the additional fee is not paid within such time as the Court may fix , the decree shall
be limited to the amount to which the fee paid extends.
(4) Where in any such suit it is found that any amount is payable to the defendant, on
decree shall be passed in his favour until he pays the fee due on the amount.
34. Suits for dissolution of partnership. - (1) In a suit for dissolution of p artnership and
accounts or for accounts of dissolved partnership, fee shall be computed on the value of the
plaintiffs share in the partnership as estimated by the plaintiff.
(2) If the value of the plaintiffs share as ascertained in the suit exceeds the v alue as
estimated in the plaint, no decree, or where the re 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 t he plaintiffs share, until the difference
between the fee actually paid and the fee that would have been payable, had the suit comprised
the whole of the value so ascertained, is paid.
(3) No final decree shall be passed, no money shall be paid and no allo tment of property
shall be made in favour of a defendant in any such suit, for or on account of his share of the
assets of the partnership, until the fee computed on the amount or value of his share of the assets
of the partnership is paid.
35. Partition suits.- (1) In a suit for partition and separate possession of a share in 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
plaintiffs share of the property.
(2) In a suit for partition and separate possession of joint family property or property
owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall
be paid at the following rates namely:-
(i) Rupees thirty if the value of plaintiff's share is Rs. 5,000 or less;
(ii) Rupees one hundred if the value is above Rs. 5,000 but does not exceed Rs.
10,000; and
(iii) Rupees two hundred if such value exceeds Rs. 10,000.
(3) Where, in a suit falling under sub -section (1) or sub -section (2) a defendant claims
partition and separate possession of his share of the property, fee shall be payable on his written
statement computed on half the market value of his share or at half the rates specified in sub-
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section (2), according as such defendant has been excluded from possession or is in joint
possession.
(4) Where, in a suit falling under sub -section (1) or sub -section (2), the plaintiff or the
defendant seeks cancellation of decree or other documen t of the nature specified in section 38,
separate fee shall be payable on the relief of cancellation in the manner specified in that section.
36. Suit 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 plaintiffs share of the property.
37. Administration suits. - (1) In a suit for the administration of an estate, fee shall be
levied on the paint at the rates specified in section 45.
(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 exceed the fee paid on the plaint, no payment shall be made and no decree directing
payment of money or confirming title to such share or part of the assets shall be passed until the
difference between the fee actually paid and the fee computed on the amount or value of the
property is paid.
(3) No payment shall be made, on 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 become due to such plaintiff or to such defendant.
38. 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 imm ovable property, fee shall be computed on the value of the
subject-matter of the suit, and such value shall be deemed to be-
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(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 pa ssed or other document was executed ;
and
(b) if a part of the decree or other document is sought to be cancelled, such part of
the amount or value of the property.
(2) If the decree or other document is such that the liability under it cannot be split up and
the relief claimed relates only to a particular item of property belonging to the plaintiff or to the
plaintiffs share in any such property, fee shall be computed on the value of such property or
share or on the amount of the decree, whichever is less.
Explanation.- A suit to set aside an award shall be deemed to be a suit to set aside a
decree within the meaning of this section.
39. Suits to set aside attachment. - (1) In a suit to set aside an attachment by a Civil or
Revenue Court of any property, mova ble or immovable, or of any interest therein or of any
interest in revenue, or to set aside an order passed on an application made to set aside the
attachment, fee shall be computed on the amount for which the property was attached or on one -
fourth of the market value of the property attached, whichever is less.
(2) In a suit to set aside any other summary decision or order of a Civil or Revenue Court
if the subject-matter of the suit has a market value, fee shall be computed on one -fourth of such
value, and in other cases, fee shall be payable at the rates specified in section 45.
Explanation.- For the purpose of this section, the Registrar of Co -operative Societies
shall be deemed to be a Civil Court.
40. Suits for specific performance. - In a suit for spec ific performance, whether with or
without possession, fee shall be payable-
(a) in the case of a contract of sale, computed on the amount of the consideration;
(b) in the case of a contract of mortgage, computed on the amount agreed to be
secured by the mortgagee;
(c) in the case of a contract of lease, computed on the aggregate amount of the
fine or premium, if any, and of the average of the annual rent agreed to be paid;
(d) in the case of a contract of exchange, computed on the amount of the
consideration, or as the case may be , on the market value of the property sought to be
taken in exchange;
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(e) in other cases, where the consideration for the promise sought to be enforced
has a market value, computed on such market value or where such consideration has no
market value, at the rates specified in section 45.
41. 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;
(b) for the enhancement of rent;
(c) for the delivery by a landlord of a lease;
(d) for the recovery of possession of immovable property from which a tenant has
been illegally ejected by the landlord; and
(e) for establishing or disproving a right to occupy;
fee shall be levied on t he amount of rent for the immovable property to which the suit relates,
payable for the year next before the date of presenting the plaint.
(2) In a suit for recovery of immovable property from a tenant including a tenant holding
over after the termination of a tenancy, fee shall be computed on the premium, if any, and on the
rent payable for the year next before the date of presenting the plaint.
Explanation.- Rent includes also damages for use and occupation payable by a tenant
holding over.
42. 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 such 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 inquiry 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
till the difference between the fee actually paid and the fee which 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 has been paid.
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43. Suits relating to public matters.- In a suit for relief under section 91 or section 92 of
the Code of Civil Procedure, 1908 (Central Act 5 of 1908), the fee payable shall be thirty rupees.
44. Interpleader suits. - (1) In an interpleader suit, fee shall be payable on the plaint at
the rates specified in section 45.
(2) Where issues are framed as between the claimants, fee shall be payable computed on
the amount of the debt or the money or the market value of other property, movable or
immovable which forms the subject -matter of the suit. In levying such fee, credit shall be given
for the fee paid on the plaint; and the balance of the fee shall be paid in equal shares by the
claimants who claim the debt or the sum of money or the property adversely to each other.
(3) Value for the purpose of determining the jurisdiction of courts shall be the amount of
the debt, or the sum of money or the market value of other property to which the suit relates.
45. Suits not otherwise provided for. - In suits not otherwise provided for , fee shall be
payable at the following rates, namely:-
Where the amount or value of the subject-matter in dispute-
(i) is less than Rs. 1000/- Rupees ten,
(ii) is not less than Rs. 1.000/- but does not
exceed Rs. 3,000/-
Rupees thirty,
(iii) is not less than Rs. 3,000/ - and does
not exceed Rs. 5,000/-
Rupees one hundred.
(iv) exceeds Rs. 5,000/ - but does not
exceed Rs. 10,000/-
Rupees two hundred.
(v) exceeds Rs. 10,000/- Rupees three hundred.
46. 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.
47. Appeals.- The fee payable in an appeal shall be the sam e 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
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the Court of appeal is pending, credit shall be given for the fee paid by such person in the appeal
against the preliminary decree.
Explanation.- (1) Whether the appeal is against the refusal of a relief or against the grant
of the relief; the fee payable in the appeal shall be the same as the fee that would be payable on
the relief in the Court of first instance.
Explanation.- (2) Costs shall not be deemed to form part of the subject -matter of the
appeal except where such costs form themselves the subject -matter of the appeal or relief is
claimed as regard 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 intere st 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 th e 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.
1[48. Suits not otherwise provided for. - (1) In a suit as to whose] value for the purpose
of determining the jurisdiction of Courts, specific provision is not otherwise made in this Act or
in any other law, 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 or where it is not possible to
estimate it at a money value such amount as the plaintiff shall state in the plaint.
1 Substituted vide section 2 of Rajasthan Act No. 3 of 1962, published in Rajasthan Gazette Part IV -A,
Extraordinary, dated 20-4-1962.
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49. Procedure where objection is taken on appeal or revision that a suit or appeal
was not properly valued for jurisdictio nal 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 over -valuation or under valuation of a suit or appeal, a Court of first instance or
lower a ppellate Court which had no jurisdiction with respect to the suit or appeal exercised
jurisdiction with respect thereto shall not be entertained by an appellate Court, unless-
(a) the objection was taken in the Court of first instance at or before the hear ing at
which issues were first framed and recorded, or in the lower appellate Court in the
memorandum of appeal to that Court, or
(b) the appellate Court is satisfied, for reasons to be recorded by it in writing, that
the suit or appeal was over -valued or under-valued and that the over valuation or under -
valuation thereof has prejudicially affected the disposal of the suit or appeal on its merits.
(2) If the objection was taken in the manner mentioned in clause (a) of sub -section (1),
but the appellate court is not satisfied as to both the matters mentioned in clause (b) of that sub -
section and has before it the materials necessary for the determination of the other grounds of
appeal to itself, it shall dispose of the appeal as if there had been no defect o f jurisdiction in the
Court of the first instance or lower appellate court.
(3) If the objection was taken in that manner and the appellate Court is satisfied as to both
those matters and has not those materials before it , it shall proceed to deal with the appeal under
the rules applicable to the Court with respect to the hearing of appeal; but if it remands the suit or
appeal or frames and refers issues for trial, or requires additional evidence to be taken, it shall
direct its order to a Court competent to entertain the suit or appeal.
(4) The provisions of this section with respect to an appellate Court shall, so far as they
can be made applicable, apply to a Court exercising revisional jurisdiction under section 115 of
the Code of Civil Procedure, 1908 (Central Act 5 of 1908), or other enactment for the time being
in force.
ChapteExcerpt shown. Open the full act in Lexace.