Section 6
Rate Of Court Fee
In hearing a suit in a case charged with the court fee, there shall be charged the court fee as follows: (a) In a case involving a claim in, or request for disentitlement of claim in,……….16 in accordance with the following in each case according to the figure of value or amount in question:
(1) ……………17
(2) 18 Rs.100.00 (One Hundred Rupees) for the first Rs. 2,000.00 (Two Thousand Rupees),
(3) Up to Rs.25,000.00 (Twenty-five Thousand Rupees), at the rate of Four percent for the second up to Rs. 23,000.00 (Thirty Three Thousand Rupees),
(4) Up to Rs.100,000.00 (One Hundred Thousand Rupees), at the rate of Three percent for the third up to Rs. 75,000.00 (Seventy Five Thousand Rupees),
(5) Up to Rs.250,000.00 (Two Hundred Fifty Thousand Rupees), at the rate of Two percent for the fourth up to Rs. 150,000.00 (One Hundred Fifty Thousand Rupees),
(6) In the case of more than Rs.250,000.00 (Two Hundred Fifty Thousand Rupees), at the rate of One and half percent for the over and above figure.
(b) In the following cases where the amount in question is not set out, and despite that the amount in question is set out, the prevailing law provides for specific punishment but not according to the value or amount in question and where punishment is imposable at the discretion according to offence, the following court fees in relation to each case:
(1) Rs. 1,00.00 (One Hundred Rupees) 19 in relation to each case requesting for the establishment of the figure of partition share only, without involving the recovery of partition, or for settlement without establishing the right in partition or for ascertaining the portion of share only,
(2) Rs. 1,00.00 (One Hundred Rupees) 20 in relation to each case, also out of the following cases:
(1) Requesting for the voidance of bonds, deeds,
(2) Claiming that a deed executed in household and required to be registered has not been caused to be registered, and requesting for the execution of registration thereof,
(3) Claiming that a receipt was not given upon payment, and requesting for the execution of the receipt thereof,
(4) Claiming that a bond, deed of date of repayment (Bhakapatra), guarantee letter (Jamanipatra), bond, receipt etc, was not voided upon the completion of act of receiving and giving or that a receipt was not given,
(5) Requesting for the eviction of any person staying in a land, house or shop or for an order against the eviction,
(6) Claiming that counterpart (Dohori) documents duplicates required to have been made were not made and requesting for the execution of the same,
(7) Requesting that amount be recalculated, upon being dissatisfied with the amount calculated,
(8) Claiming that one has not been allowed to make a barrage, ditch or course or to carry water through the same or that another person has not been involved in making the same,
(9) Claiming that one has not been allowed to irrigate a land with the water carried through a barrage, ditch or course,
(10) Claiming that, in irrigating a land, one should have done so in according to roll order, but one whose turn is later has taken water and irrigated one’s land earlier, and then requesting for an order requiring irrigation of land according to roll order or that water be provided,
(11) Claiming that one has closed or not allowed to open an exit, door, veranda, passage, window, and then requesting that the same be ordered to be opened or closed,
(12) Claiming that one has not allowed to install an window, door, veranda, exit and add a storey, and then requesting that the complaint be allowed to install the same or that the exit be closed,
(13) Claiming that registration, transmission be effected or the effected registration, transmission be voided, without a claim for the establishment of the right in a land, and
(14) Requesting for the issuance of an injunction ordering someone to refrain from doing a specific act. (3) 21 Notwithstanding anything contained in Clause (2), where the right in any movable or immovable property has to be established or de-established by the plea of the defendant or opponent, the court fee as referred to in Clause (a) shall be charged.
(c) Where, on a suit or complaint of partition case requesting for the execution of partition by taking an inventory of properties (Tayadati) because of the amount in question not being set out, after it is held that one is entitled to partition and the amount in question is set out upon taking the inventory of properties, the court fee shall be charged according to the amount in question. Deduction shall be made from the court fees paid in making a suit as referred to in Subclause (1) of Clause (b), and the shortfall shall be recovered subsequently, and surplus amount, if any, shall be refunded.
(d) Even in relation to a case tried summarily (Thado Karbahi) by a complaint, it shall be filed only upon collecting the court fee as if a suit were filed. No such complaint shall be tried if the court fee is not paid.
(e) The whole court fee shall be charged even in relation to a suit or complaint made by or against a woman or minor.
(1) ……………17
(2) 18 Rs.100.00 (One Hundred Rupees) for the first Rs. 2,000.00 (Two Thousand Rupees),
(3) Up to Rs.25,000.00 (Twenty-five Thousand Rupees), at the rate of Four percent for the second up to Rs. 23,000.00 (Thirty Three Thousand Rupees),
(4) Up to Rs.100,000.00 (One Hundred Thousand Rupees), at the rate of Three percent for the third up to Rs. 75,000.00 (Seventy Five Thousand Rupees),
(5) Up to Rs.250,000.00 (Two Hundred Fifty Thousand Rupees), at the rate of Two percent for the fourth up to Rs. 150,000.00 (One Hundred Fifty Thousand Rupees),
(6) In the case of more than Rs.250,000.00 (Two Hundred Fifty Thousand Rupees), at the rate of One and half percent for the over and above figure.
(b) In the following cases where the amount in question is not set out, and despite that the amount in question is set out, the prevailing law provides for specific punishment but not according to the value or amount in question and where punishment is imposable at the discretion according to offence, the following court fees in relation to each case:
(1) Rs. 1,00.00 (One Hundred Rupees) 19 in relation to each case requesting for the establishment of the figure of partition share only, without involving the recovery of partition, or for settlement without establishing the right in partition or for ascertaining the portion of share only,
(2) Rs. 1,00.00 (One Hundred Rupees) 20 in relation to each case, also out of the following cases:
(1) Requesting for the voidance of bonds, deeds,
(2) Claiming that a deed executed in household and required to be registered has not been caused to be registered, and requesting for the execution of registration thereof,
(3) Claiming that a receipt was not given upon payment, and requesting for the execution of the receipt thereof,
(4) Claiming that a bond, deed of date of repayment (Bhakapatra), guarantee letter (Jamanipatra), bond, receipt etc, was not voided upon the completion of act of receiving and giving or that a receipt was not given,
(5) Requesting for the eviction of any person staying in a land, house or shop or for an order against the eviction,
(6) Claiming that counterpart (Dohori) documents duplicates required to have been made were not made and requesting for the execution of the same,
(7) Requesting that amount be recalculated, upon being dissatisfied with the amount calculated,
(8) Claiming that one has not been allowed to make a barrage, ditch or course or to carry water through the same or that another person has not been involved in making the same,
(9) Claiming that one has not been allowed to irrigate a land with the water carried through a barrage, ditch or course,
(10) Claiming that, in irrigating a land, one should have done so in according to roll order, but one whose turn is later has taken water and irrigated one’s land earlier, and then requesting for an order requiring irrigation of land according to roll order or that water be provided,
(11) Claiming that one has closed or not allowed to open an exit, door, veranda, passage, window, and then requesting that the same be ordered to be opened or closed,
(12) Claiming that one has not allowed to install an window, door, veranda, exit and add a storey, and then requesting that the complaint be allowed to install the same or that the exit be closed,
(13) Claiming that registration, transmission be effected or the effected registration, transmission be voided, without a claim for the establishment of the right in a land, and
(14) Requesting for the issuance of an injunction ordering someone to refrain from doing a specific act. (3) 21 Notwithstanding anything contained in Clause (2), where the right in any movable or immovable property has to be established or de-established by the plea of the defendant or opponent, the court fee as referred to in Clause (a) shall be charged.
(c) Where, on a suit or complaint of partition case requesting for the execution of partition by taking an inventory of properties (Tayadati) because of the amount in question not being set out, after it is held that one is entitled to partition and the amount in question is set out upon taking the inventory of properties, the court fee shall be charged according to the amount in question. Deduction shall be made from the court fees paid in making a suit as referred to in Subclause (1) of Clause (b), and the shortfall shall be recovered subsequently, and surplus amount, if any, shall be refunded.
(d) Even in relation to a case tried summarily (Thado Karbahi) by a complaint, it shall be filed only upon collecting the court fee as if a suit were filed. No such complaint shall be tried if the court fee is not paid.
(e) The whole court fee shall be charged even in relation to a suit or complaint made by or against a woman or minor.