COURT FEE TABLE KERALA COURT FEES AND SUITS VALUATION ACT, 1959 Levy of fee in multifarious suits

(Section 6) 1. For separate and distinct reliefs based on the same cause of action But if a relief is sought ancillary to the : main relief 2. in For more reliefs than one based on the : Fee on the aggregate of the reliefs.

Fee on the value of the main relief : Highest of the fees leviable respect of any one of the

same cause of action sought in the reliefs alternative 3. For distinct and different causes of action and separate reliefs. : :

Fees on the aggregate value. Highest of the fees

But if the causes of action in respect of chargeable on reliefs claimed alternatively against the reliefs. Same person arise out of the transaction DETERMINATION OF MARKET VALUE (Section 7) 1. Market value of agricultural land in suits profits falling under sections 25(a), 25(b), 27(a), paid 29, 30, 37(1), 37(3), 38, 45 or 48.

Ten time the annual gross minus the assessment if any to Government.

2. Market Value of building : Ten times the rental value if the rental value has been entered in the register of any local authority or actual market value. 3. Market Value of other properties fetch at suit. 4. Fractional or restricted interest : Value of such fractional or restricted interest. : Value such property will the date of institution of

W.S. PLEADING SET OFF AND UNDER VALUATION OF PLANT (Sections 8 & 12) W.S. Pleading set off is chargeable as in the case of plaint. Defendant can raise the plea of under-valuation of plaint. COMPUTATION OF FEE The fee payable under the Act shall be computed in accordance with the provisions of chapters IV, VI and IX and schedules I & II (S. 21). I-SUITS a) b) Suit for money (S.22) Suit for maintenance (S. 23) : : On the amount claimed. On the amount of maintenance

claimed to be payable for one year. c) 1. Suit for movable property (S. 24) amount the relief is value at. 2. Suit for possession of documents of property title d) 1. Suit for declaration and for possession (S. 25(a).) : : On the market value or on the

Amount or market value of the secured by the document. : Market value of property or on Rs. 1,000/- whichever is higher

2. Suit for declaration and consequential : One one-half of the market value or on injunction. (S. 25(b).) Rs. 1,000/- whichever is higher 3. Suit based on infringement of right to : One the amount the relief is valued at use, sell, print or exhibit any mark, or on Rs. 1,000/- whichever is higher name etc. (25(c).) 4. In other cases (25(d).) : One the market value of the property or on the amount of the relief is valued at or on Rs. 1,000/- whichever is higher e) Suit for injunction (S. 27) of the property or on Rs. 500/f) Suit relating trust property (S. 28) subject to a minimum of Rs. 200/- or on Rs. 1,000/g) Suit for possession not otherwise on provided for (S. 30) h) at or Suit relating to easements (S. 31) : : One one-half of the market value whichever is higher. : On one-fifth of the market value

On the market value of property or

Rs. 1,000/- whichever is higher. : On the amount the relief is valued on Rs. 1,000/- whichever is higher

i) Presumption suits (S. 32) : the sale or on the market value whichever is less. j) Suits relating to mortgages (S. 33) 1) Suit to recover money due on a mortgage 2) Suit by sub-mortgage to recover : amount by sale mortgagees interest 3) Suit by sub mortgagee to recover under the amount against mortgagee and mortgagor. :

On the amount of consideration for

On the amount claimed.

On the amount claimed under the submortgage : On the entire amount claimed original mortgage.

4) Suit for redemption of mortgage : On the amount due on the mortgage or one-fourth of the amount secured under the mortgage 5) Suit for force closure of mortgage : On the amount claimed by way of principal and interest. k) l) Suit for accounts (S. 35) Suit for dissolution of partnership : : On the amount sued for or on Rs. 1,000/- whichever is higher. On the value of plaintiffs share in

(S. 36) m)

partnership.

Suits for partition (S. 37) 1. For a partition of joints family : On the market value of the plaintiffs property or property owned share jointly or in common by a plaintiff excluded from possession 2. Plaintiff is in joint possession of such property:(a) M.C. Rs. 50/(b) Sub Court Rs. 300/- or Dist. Court. 3. Defendant claiming share : On half of the market value of his share or at the rates in S. 37(2) as the case may be. n) Suit for cancellation of decree or amount document (S. 40) document was executed. : On the decree amount or on the

or value of property for which the

o) Suit to set aside attachment etc. (S. 41) 1. To set aside attachment : On the amount for which property was attached or on one-fourth of the market value of the property attached. 2. To set aside order : On one-fourth of market value of subject matter of suit or at the rates specified in S. 50. p) Suit for specific performance (S. 42) 1. In the case of contract of sale consideration. 2. In the case of contract of mortgage : secured by the mortgage. 3. In the case of contract of lease : fine or premium and of the average of the annual rent. q) Suit by landlord for enhancement of the rent (S. 43) r) and Suit for mense profits (S. 44) : : On the amount of

On the amount agreed to be On the aggregate of the amount of

On the amount of rent payable for year next before the date of presentation of plaint.

On the amount stated in the plaint sued for.

s) Suit not otherwise provided for including suit for administration of an estate (S. 50 & 39) 1. In a Revenue Court : Rs. 25/2. In a Munsiffs Court : Rs. 50/3. In a Sub Court or District Court : Rs. 200/- if the value of the subject matter of the suit does not exceed Rs. 25,000/- and Rs. 500/- if the value is above Rs. 25,000/II-APPEALS 1. Appeals against order in L.A.R. cases : On the differences between the amount (S. 51) awarded and the amount claimed in appeal. 2. In other appeals (S. 52) : The fee that would be payable in the court of first instance on the subject-matter of the appeal. III-PROBATE OR LETTERS OF ADMINISTRATION (S. 55)

Application for the grant of probate or : On the market value of administration letters (Valuation statement in the form in of the estate on the date of death of the Sch. III should be attached in duplicate to owner if the application is made within the application). one year of the date of death or on the market value of the estate on the date of application if the application is made after the expiry of one year from the date of death, at the rate prescribed in Art. 6 of Sch. 1. REFUNDS OF COURT FEE PAID 1. Rejection of plaint on grounds of delay in representing plaint or appeal or on grounds of payment of deficit fee. 2. Rejection of appeal on the ground of appeal. delay in filing the appeal 3. : : AMOUNT OF REFUND Full Court fee paid.

One half of the fee paid on the

a) In cases of order to receive plaintor : Full fee paid on the appeal. appeal rejected or where a suit is remanded in appeal. b) Where suit is remanded in second : Full fee paid on the second appeal and appeal and on appeal on first appeal c) Where appeal is remanded in : Full fee paid on second appeal second appeal. 4. Where the court reverses or modifies review it former decision on the rehearing of an application for review of judgment, on the ground of mistake or error. 5. Compromise on suitor when the suit plaint or is decided on the admission 6. Fee paid by mistake or inadvertence : Fee paid on the application for

in excess of the fee payable on applications under Art. 11 (g) & (t) of Sch. II (ie, Rs. 1/- or Rs. 2/-) : One-half of the fee paid on the

appeal of parties. : Full

7. In the case of final decree in partition : Fee paid by the party as is equal to the suits engrossed on non-judicial stamps. value of the non judicial stamps produced by the party.