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PRACTITIONERS FEES IN THE HIGH COURT FEES RULES, 1956
ORDER V
PRACTITIONERS' FEES
1. For the purpose of this Order the word 'suit' shall not include summary proceedings under Order VII of the Original Side Rules.
[Substituted by ROC.No.335/93/RR, dated 14th December, 1994] [2.(1) The fees to be allowed on the Original Side of the High Court in part and part taxation for all suits shall be as follows :—
(a) Where the suit is concluded prior to the date of the settlement of issues or where issues are dispensed with the date of the order dispensing with the issues or where in the proceedings in question issues are, by the Rules not required, the date of filing the written statement by the party in question, then —
(1) If the amount or value of the claim does not exceed Rs.5,000-00 ; 5 per cent;
(2) If the amount or value exceeds Rs.5,000-00 and does not exceed Rs.10,000-00, on Rs.5,000-00 as above and on the remainder ; 3 ½ per cent;
(3) If the amount or value exceeds Rs.10.000-00 and does not exceed Rs.20,000-00 on Rs.10,000-00 as above, and on the remainder, 2 ½ per cent;
(4) If the amount or value exceeds Rs.20,000-00 and does not exceed Rs.50,000-00 on Rs.20,000-00 as above, and on the remainder, 1 ½ per cent;
(5) If the amount or value exceeds Rs.50,000-00 and does not exceed Rs.1,00,000-00 on Rs.50,000-00 as above, and on the remainder, 1 per cent;
(6) If the amount or value exceeds Rs.1,00,000-00 but does not exceed Rs.2,00,000-00 on Rs.1,00,000-00 as above, and on the remainder, ½ per cent;
(7) If the amount or value exceeds Rs.2,00,000-00 on Rs.2,00,000-00 as above, and on the remainder ¼ per cent;
(b) In cases where the suit is decided ex parte, the defendant not entering appearance or having entered appearance not contesting, then —
(1) If the amount or value of the claim does not exceed Rs.5,000-00, 10 per cent;
(2) If the amount or value exceeds Rs.5,000-00 and does not exceed Rs.10,000-00 on Rs.5,000-00 as above, and on the remainder, 7 per cent;
(3) If the amount or value exceeds Rs.10,000-00 and does not exceed Rs.20,000-00 on Rs.10,000-00 as above, and on the remainder, 5 per cent;
(4) If the amount or value exceeds Rs.20,000-00 and does not exceed Rs.50,000-00 on Rs.20,000-00 as above, and on the remainder, 3 per cent;
(5) If the amount or value exceeds Rs.50,000-00 and does not exceed Rs.1,00,000 on Rs.50,000-00 as above and on the remainder 2 per cent ;
(6) If the amount or value exceeds Rs.1,00,000-00 and does not exceed Rs.2,00,000-00, on Rs.1.00,000-00 as above and on the remainder, 1 per cent ;
(7) If the amount or value exceeds Rs.2,00,000-00, on Rs.2,00,000-00 as above and on the remainder, ½ per cent;
CASE LAW
Rule 2 (1) (b) of Order V of the High Court Fees Rules, 1956 applies only when suit is decided ex parte. The remaining phrases in the said sub-rule merely envisage the two ways in which a suit may be decided ex parte. [Rukmani Ammal versus Chandra Sekhar Mudaliar (78 LW 43)].
(c) In cases not falling under clause (a) or (b) —
(1) if the amount or value does not exceed Rs.5,000-00, 20 per cent;
(2) if the amount or value exceeds Rs.5,000-00 and does not exceed Rs.10.000-00, on Rs.5,000-00 as above and on the remainder, 14 per cent;
(3) if the amount or value exceeds Rs.10,000-00 and does not exceed Rs.20,000-00 on Rs. 10,000-00 as above and on the remainder, 10 per cent;
(4) if the amount or value exceeds Rs.20,000-00 and does not exceed Rs.50,000-00, on Rs.20,000-00 as above and on the remainder 6 per cent;
(5) if the amount or value exceeds Rs.50,000-00 and does not exceed Rs.1,00,000-00 on Rs.50,000-00 as above and on the remainder 4 per cent;
(6) If the amount or value exceeds Rs.1,00,000-00 and does not exceed Rs.2,00,000-00, on Rs.1,00,000-00 as above and on the remainder, 2 per cent;
(7) if the amount or value exceeds Rs.2,00,000-00 on Rs.2,00,000-00 as above and on the remainder, 1 per cent:
Provided that the scale of fees set out above shall be subject to the following minima and maxima :—
(1) in cases falling under clauses (a), (b) and (c), the minimum shall be Rs.500-00;
(2) in cases falling under clauses (a) and (b), the maxima shall be Rs.1,500-00 and Rs.3,000-00 respectively.
CASE LAW
Rule 2 (1) (c) of Order V of the High Court Fees Rules, 1956 applies to a mortgage suit in which the preliminary order was passed by consent. [Rukmani Ammal versus Chandra Sekhar Mudaliar (78 LW 43)].
(2) Unless the Court otherwise orders, in every suit, an additional fee calculated at one third of the fees allowable under sub-rule (1) shall be allowed to a junior practitioner on record :
Provided that in any case where a junior fee is allowable under this Rule, the Court shall have a discretion to fix that fee at half instead of one third.
3. In cases which are referred to the Official Referee or to a Commissioner to take accounts or for other enquiry or when a Commissioner is appointed to examine witnesses, notwithstanding anything contained in Rule 17, the Taxing Officer may, if the Court award the costs of the reference, after taking into account the value of the work done before the Official Referee or Commissioner, allow to the practitioner so appearing a further fee in addition to the ad valorem fee but not exceeding one-third thereof.
[Substituted by R.O.C. No.335 /93 /RR, dated 14th December, 1994] [4.(1) The fee to be allowed to a practitioner in appeals from judgments (decrees) of a Judge in the exercise of the ordinary Original Jurisdiction of the Court in suits, shall beon the following scale :—
(a) when, at the time of hearing the appeals is set down on the 'Ready Board' —
(1) if the amount or the value of the claim does not exceed Rs.5,000-00, 20 per cent ;
(2) if the amount or the value exceeds Rs.5,000-00 and does not exceed Rs.10,000-00 on Rs.5,000-00 as above and on the remainder, 14 per cent;
(3) if the amount or the value exceeds Rs.10,000-00 and does not exceed Rs.20,000-00 on Rs.10,000-00 as above and on the remainder, 10 per cent;
(4) if the amount or the value exceeds Rs.20,000-00 and does not exceed Rs.50,000-00 on Rs.20,000-00 as above and on the remainder, 6 per cent;
(5) if the amount or the value exceeds Rs.50,000-00 and does not exceed Rs.1,00,000-00 on Rs.50,000-00 as above and on the remainder, 4 per cent;
(6) if the amount or the value exceeds Rs.1,00,000-00 and does not exceed Rs.2,00,000-00 on Rs.1,00,000-00 as above and on the remainder, 2 per cent;
(7) if the amount or the value exceeds Rs.2,00,000-00 on Rs.2,00,000-00 as above and on the remainder, 1 per cent.
(b) when at the time of hearing the appeal is not set down on the 'Ready Board' but printing of the records has been applied for and estimated print charges have been paid by the party, whom costs are awarded —
(1) if the amount or value of the claim does not exceed Rs.5,000-00, 10 per cent;
(2) if the amount or value exceeds Rs.5,000-00 and does not exceed Rs.10,000-00, on 5,000-00 as above and on the remainder, 7 per cent;
(3) if the amount or value exceeds Rs.10,000-00 and does not exceed Rs.20,000-00 on Rs.10,000-00 as above and on the remainder 5 per cent;
(4) if the amount or value exceeds Rs.20,000-00 and does not exceed Rs.50,000-00 on Rs.20,000-00 as above and on the remainder, 3 per cent;
(5) if the amount or value exceeds Rs.50,000-00 and does not exceed Rs.1,00,000 on Rs.50,000-00 as above and on the remainder, 2 per cent;
(6) if the amount or value exceeds Rs.1,00,000-00 and does not exceed Rs.2,00,000-00 on Rs.1,00,000-00 as above and on the remainder, 1 per cent;
(7) if the amount or value exceeds Rs.2,00,000-00 on Rs.2,00,000-00 as above and on the remainder 1/2 per cent.
(c) in cases not falling under clauses (a) or (b) —
(1) if the amount or value of the claim does not exceed Rs.5,000-00, 3 ½ percent;
(2) if the amount or value exceeds Rs.5,000-00 and does not exceed Rs.20,000-00, on 5,000-00 as above and on the remainder, 2 per cent;
(3) if the amount or value exceeds Rs.20,000-00 and does not exceed Rs.1,00,000-00 on Rs.20,000-00 as above and on the remainder, 1 per cent;
(4) if the amount or value exceeds Rs.1,00,000-00 and does not exceed Rs.2,00,000-00, on Rs.1,00,000-00 as above and on the remainder, ½ per cent;
(5) if the amount or value exceeds Rs.2,00,000-00, on Rs.2,00,000-00 as above and on the remainder, 3/8 per cent:
Provided that in Original Side Appeals from decrees, the fees payable shall be subject to the following minimum —
(1) In cases falling under clause (a) - Rs.1,000-00.
(2) In cases falling under clause (b) - Rs. 500-00.
(3) In cases falling clauses (c) - Rs. 200-00.
(2) Unless the Court otherwise orders, in every such appeal, an additional fee calculated at one third of the fees allowable under sub-rule (1) shall be allowed to a junior practitioner on record provided that in any case where a junior fee is allowable under the Rule, the Court shall have discretion to fix that fee at half, instead of one-third and provided further that this sub rule would apply only to appeals disposed of after the date of its notification.]
[Substituted by R.O.C. No.335/93/RR, dated the 14th December 1994] [5. In appeals from orders (amounting to judgments) of a Judge in exercise of the Ordinary Original Civil Jurisdiction of the Court and in other miscellaneous cases, the fees to be allowed to a practitioner are payable on the following scales :—
(1) if the amount or value of the claim does not exceed Rs.5,000-00, 6 per cent;
(2) if the amount or value exceeds Rs. 5,000-00 and does not exceed Rs.10,000-00, on Rs. 5,000-00 as above and on the remainder, 4 per cent;
(3) if the amount or value exceeds Rs.10,000-00 and does not exceed Rs.20,000-00, on Rs. 10,000-00 as above and on, the remainder, 2 per cent;
(4) if the amount or value exceeds Rs.20,000-00 and does not exceed Rs.50,000-00, on Rs.20,000-00 as above and on the remainder, 1 per cent;
(5) if the amount or value exceeds Rs.50,000-00 and does not exceed Rs.1,00,000-00, on Rs.50,000-00 as above and on the remainder, 1/2 per cent;
(6) if the amount or value exceeds Rs.1,00,000-00, on Rs.1,00,000-00 as above and on the remainder 1/4 per cent.
The minimum fee under this Rule shall be —
(a) for appeals against orders in interlocutory applications - Rs.200-00.
(b) for appeals against orders in original petitions and company matters - Rs.300-00.
(c) for appeals against orders matrimonial and testamentary suits - Rs.500-00.]
6. Unless the Court otherwise orders, in cases capable of valuation for purposes of taxation other than those falling under Rule 20 below, the words "the amount or value of the claim" in Rules 2, 4 and 5 mean the value as set forth in the plaint, written statement containing a counter claim, or memorandum of appeal, and where Court-fees are payable ad valorem the value on which such Court-fees are paid and appeal includes a memorandum of cross-objections.
7. Where the valuation of the subject matter of a suit as set forth in the plaint is disputed by the defendant, the Taxing Officer shall take the valuation as set forth in the plaint as a true value for purpose of taxation of costs, unless the value of the subject-matter of the suit has been determined by Court and in such case shall take such value.
8. Where the claim does not admit of valuation but is valued for purposes of jurisdiction, the fee for practitioners shall, unless the Court orders to the contrary, be calculated on such value.
9. In cases in which the subject-matter of the claim does not admit of valuation, the Taxing Officers shall fix a reasonable fee, regard being had to the time occupied in the preparation and hearing of the case and the nature of the questions raised therein, as also to the minimum fee prescribed.
10. In cases in which the Court directs that the plaintiff and the defendant do pay and receive proportionate costs, the whole costs incurred by each party, including Court-fees, practitioners fees, [The words ‘typing or’ was added by R.Dis.86/94] [typing or] printing and translation charges, if any, costs of printing papers, batta, etc., shall unless the Court otherwise orders, be taxed by the Taxing Officer and after such taxation ordered to be paid and received in the proportion in which the parties have respectively failed or succeeded.
11. Unless the Court otherwise orders, where the Courts directs costs on the amount decreed, the costs shall be taxed in the manner prescribed in the last preceding Rule.
12. Fractions of a rupee in the amount or value of a claim are to be rejected in calculating the fee payable thereupon.
13. If several defendants or respondents, who have a joint or common interest, succeed upon a joint defence or upon separate defences, substantially the same not more than one fee shall be allowed, unless the Court otherwise orders. If only one fee be allowed, the fee shall be apportioned equally unless the Court otherwise directs.
14. If several defendants or respondents, who have separate interest, set up separate and distinct defences and succeed thereon, a fee for one practitioner for each of the defendants or respondents who shall appear by a separate practitioner may be allowed in respect of his separate interest. Such fee, if allowed, shall be calculated with reference to the value of the separate interest of such defendant or respondent, in the manner hereinbefore prescribed.
15. In suits for accounts, partnership actions, suits for partition, suits for administration and generally in all suits where a preliminary decree is passed and an enquiry is directed to be held to enable a final decree to be passed, costs of the suit are to be taxed on the passing of the final decree unless the Court shall otherwise direct.
16. In cases of special difficulty or importance or where the amount of work involved is unusually great, the Court may, on the application of a party, direct that a higher fee than would ordinarily be admissible under these Rules be allowed to a party.
CASE LAW
Rule 16 of Order V of the High Court Fees Rules, 1956 may be invoked for fixing a special fee even in Writ Proceedings, notwithstanding the provisions of Rule 7 (2) of the Rules framed under Article 226 of the Constitution [Mohammed Keyi versus Assistant Controller, Estate Duty, AIR 1962 Mad. 36 = (1961) 2 MLJ 372)].
17. Where the Court orders the costs of an interlocutory application to be taxed, the Taxing Officer shall fix a reasonable fee not in any case exceeding Rs.100-00.
18. The fee allowed for prosecuting or defending a suit on the Original Side of the High Court or an appeal therefrom is intended to cover all proceedings upto final decree but it shall not be deemed to include the fixed costs of interlocutory applications the costs of which have been ordered to be costs in the cause.
19. Where a suit or appeal is remitted for re-hearing and disposal or for a finding on issues, a further fee not exceeding fifty per cent of the original fee may be allowed in respect of such proceedings by the Taxing Officer, who shall take into consideration the work involved.
[Substituted by R.O.C. No.335/93/RR. dated the 14th December 1994] [20.In proceedings other than suits or interlocutory applications and other proceedings including original petitions, the Taxing Officer shall fix a reasonable fee, subject ordinarily to the minimum and maximum shown below :—
|
|
Minimum Rs. |
Maximum Rs. |
|
Judge's Summons |
150-00 |
300-00 |
|
Original Petitions including petitions for probate where the genuineness of the Will is not disputed and Matrimonials suits |
200-00 |
800-00
|
|
Testamentary suits |
500-00 |
1,500-00 |
But in cases of special difficulty or importance or where the amount of work is unusually great, the Court may allow a higher fee]
TAXATION AS BETWEEN ADVOCATE AND CLIENT
21. Where dispute arises between a practitioner and his client as to the fees payable to the practitioner, either may apply to the Master for an order that the amount might be taxed.
22. The Master may, on hearing the parties or their Advocates, either refer the applicant to a suit or direct the faxing Officer to tax the bill.
Where the Master passess on order for taxing the bill, the Taxing Officer, shall proceed to do so and the Rules regulating the taxation of costs, between party and parties are, as far as may be, applicable to taxation between a practitioner and his client.
23. The Taxing Officer shall not recognise any agreement that may be set up regarding the fees payable to a practitioner by his client unless the same has been recorded in writing.
24. In cases, where the practitioner has not conducted the whole suit or proceeding or his services have otherwise become terminated, before the suit or proceeding is over, the practitioner shall not be entitled to the full ad valorem fee but only to such a portion thereof as the Taxing Officer, considers reasonable, provided that if the Taxing Officer considers that the termination was without just cause, he may allow the full ad valorem fee.
It shall be regarded as a just cause for termination if the practitioner is not either in person or by deputy duly authorised in Court when the case is called on.
25. When a bill has been taxed in the manner as aforesaid, the Master shall hear objections, if any and determine, the amount payable to the practitioner and make an order directing the client or his legal representative to pay the amount so determined. Such order may be executed under Order XXI Civil Procedure Code, as a decree for money.
