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PONDICHERRY COURT-FEES AND SUITS VALUATION ACT, 1972
6 OF 1973
An Act to amend and consolidate the law relating to Court-fees and valuation of suits in the Union territory of Pondicherry. Be it enacted by the Legislative Assembly of Pondicherry in the Twenty-third year of the Republic of India as follows:-
CHAPTER 1 : PRELIMINARY
SECTION 1 : Short title, extent and commencement
(1) This Act may be called the Pondicherry Courts-fees and Suits Valuation Act, 1972.
(2) It extends to the whole of the Union territory of Pondicherry.
(3) It shall come into force on such date 3 (a) [a] Act came into force on 1-9-1974 - See Pondi. Gaz., 26-8-1974, Ext., p. 3 (No. 112).as the Government may, by notification in the Official Gazette, appoint.
SECTION 2 : Application of Act
The provisions of this Act shall not apply to documents presented or to be presented before an officer serving under the Central Government.
SECTION 3 : Definitions
In this Act, unless the context otherwise requires, (i) "appeal" includes a cross-objection;
(ii) "Court" means any Civil, Revenue, or Criminal Court and includes a Tribunal or other authority having jurisdiction under any special or local law to decide questions affecting the rights of parties;
(iii) "Government" means the Administrator of the Union territory of Pondicherry appointed by the President under (Article 239) of (Constitution of india) ;
(iv) "prescribed" means prescribed by rules made under this Act;
(v) expressions used and not defined in this Act or in (General Clauses Act, 1897) , but defined in (Code of Civil Procedure, 1908) shall have the meanings respectively assigned to them in the said Code.
CHAPTER 2 : LIABILITY TO PAY FEE
SECTION 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 filing or exhibition.
SECTION 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 of 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.
SECTION 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 chargeable 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 based on them are sought, either alternatively or cumulatively, the plaint shall be 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 that, 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: Provided further that nothing in this sub-section shall be deemed to affect any power conferred upon a Court under (Rule 6) of (Order 11) of (Code of Civil Procedure, 1908) .
(4) The provisions of this section shall apply mutatis mutandis to memoranda of appeals, applications, petitions and written statements.
Explanation.- For the purpose of this section, a suit for possession of immoveable property and for mesne profits shall be deemed to be based on the same cause of action.
SECTION 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 insuits falling under (section 25(a)) , (section 25(b)) , (section 27(a)) , (section 29) , (section 30) , (section 37(1)) , (section 37(3)) , (section 38) , (section 45) or (section 48) shall be deemed to be-
(a) where the land is assessed, thirty times the survey assessment on the land: Provided that, where the land forms part of a survey field and is not separately assessed to revenue, the value of such part shall be deemed to be thirty times such proportion of the survey assessment as the part bears to the entire survey field.
(b) where the land is a house-site whether assessed to full revenue or not, poramboke land, or any other land not falling under clause (a),- its market value.
SECTION 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.
SECTION 9 : Documents falling under two or more descriptions
Subject to the provisions of (section 4) to (section 8), a document falling within two or more descriptions in this Act shall, where the fees chargeable thereunder are different, be chargeable only with the highest of such fees: Provided that, where one of such descriptions is special and another general, the fee chargeable shall be the fee appropriate to the special description.
CHAPTER 3 : DETERMINATION OF FEE
SECTION 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.
SECTION 11 : Decision as to proper fee in other Courts
(1) In every suit instituted in any Court other than the High Court, the Court shall before ordering the plaint to be registered, decide on the materials and allegations contained in the plaint and on the materials contained in the statement, if any, filed under (section 10) the proper fee payable thereon, the decision being however subject to review, further review and correction in the manner hereinafter specified in this section.
(2) Any defendant may, by his written statement filed before the first hearing of the suit or before evidence is recorded on the merits of the claim, but, subject to sub-section (3), not later plead that the subject-matter of the suit has not been properly valued or that the fee paid is no sufficient. All questions arising on such pleas shall be heard and decided before evidence recorded affecting such defendant, on the merits of the claim. If the Court 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' decision and the deficit fee shall be paid. If the plaint be not amended or if the deficit fee be no paid within the time allowed, the plaint shall be rejected and the Court shall pass such order a 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 evidence 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 written statement pleading that the subject-matter of the suit was not properly valued or that the fee paid was not sufficient.
(4) (a) Whenever a case comes up before a Court of appeal, it shall be lawful for the Court, either of its own motion or on the application of any of the parties, to consider the correctness of any order passed by the lower Court affecting the fee payable on the plaint or in any other proceedings 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 before evidence is recorded affecting such defendant, on the merits of the claim.
Explanation.- In this section, the expression "merits of the claim" refers to matters which arise for determination in 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 res judicata, limitation and the like.
SECTION 12 : Additional fee on issues framed
Where a party bcomes liable to pay additional fee by reason of an issue framed in the suit, the provisions of (section 11) shall apply to the determination and levy of such additional fee subject to the modification that where 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.
SECTION 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 amended. 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.
SECTION 14 : Fee payable on written statements
Where fee is payable under this Act on a written statement filed by a defendant, the provisions of (Section 11) shall apply to the determination and levy of the fee payable on such written statement, the defendant concerned being regarded for the said purpose as the plaintiff and the plaintiff or the co-defendant or the third party against whom the claim is made being regarded as the defendant.
SECTION 15 : Fee payable on appeals, etc
The provisions of (section 10) to (section 13) relating to the determination and levy of fee on plaints in suits shall apply mutatis mutandis to the determination and levy of fee in respect of a memorandum of appeal, cross-objection or other proceeding in second appeal or in an appeal under the Letters Patent.
SECTION 16 : Fee payable on petitions, applications, etc
The provisions of (section 10) to (section 13) shall apply mutatis mutandis to the determination and levy of fee in respect of petitions, applications and other proceedings in Courts in the same way as they apply to the determination and levy of fee on plaints in suits.
SECTION 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 the 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.
SECTION 18 : Inquiry and commission
For the purpose of deciding whether the subject-matter of a suit or other proceeding has been properly valued or whether the fee paid is sufficient, thel 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.
SECTION 19 : Notice to the 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 the subject-matter of the claim to which the plaint, written statement, petition, memorandum of appeal or other document relates, in so far as such valuation affects the fee payable the Court may, if considers it just or necessary to do so give notice to the Government; and where such notice is given, the Government shall be deemed to be a party to the suit or other proceeding as respects the determination of the question or questions aforesaid; and the Court's decision on such question or questions shall, when it passes a decree or final order in such suit or proceeding be deemed to form part of such decree or final order.
CHAPTER 4 : COMPUTATION OF FEE
SECTION 20 : Fee how reckoned
The fee payable under this Act shall be determined computed in accordance with the provisions of this Chapter, Chapter VII and Schedules I and II.
SECTION 21 : Fees to be computed to the nearest multiple of five paise
In the determination and computation of the amount of fee payable under this Act any fraction of five paise less than two and a half paise shall be disregarded and any fraction of five paise equal to, or exceeding two and a half paise shall be regarded as five paise.
SECTION 22 : Suits for money
In a suit for money (including a suit for damage compensation, or arrears of maintenance, of annuities, or of other sums payable periodic fee shall be computed on the amount claimed.
SECTION 23 : Suits for maintenance and annuities
In the suits hereinafter mentioned, fee shall be computed as follows:- (a) in a suit for maintenance, on the amount claimed to be payable for one year;
(b) in a suit for enhancement or reduction of maintenance, on the amount by which the annual maintenance is sought to be enhanced or reduced;
(c) in a suit for annuities or other sums payable periodically, on five times the amount claimed to be payable for one year: Provided that, where the annuity is payable for less than five years, the fee shall be computed on the aggregate of the sums payable: 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.
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