chapter xxiv - मुख्यपृष्ठcourt.mah.nic.in/courtweb/civil/pdf/chapter24.pdf ·...
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CHAPTER XXIV
COURT FEES AND PROCESS FEES
488. The following rules made by the High Court under section 42 of the BombayCivil Courts Act, 1869 (XIV of 1869) and section 20 of the Court fees Act, 1870 (VII of1870) have been sanctioned by the Government of Maharashtra :
(i) The fees at present levied for serving and executing processes issued bythe High Court in its appellate jurisdiction shall continue to be levied.
(ii) The fees chargeable by all other Civil Courts (except the PresidencySmall Cause Court, Bombay) shall be those in the appended table subject to a surchargeof 25 percent until further orders :
Provided that those fees otherwise chargeable for the service of the summonsshall not be required to be paid where the Court has under rule 7A or Order XVI of theCode of Civil Procedure, 1908, permitted the service of a summons for the attendance ofany person to be effected by a party and where the services of a Bailiff are not required:
Provided further that where a party desires to avail himself of the services ofa special bailiff (vide Paragraph 111 Chapter VII) for service of execution of a process,he shall be required to pay process fee as for process applied for and ordered to beexecuted as emergent [vide the note (vii) below the appended table] in addition to theremuneration and the allowances of the bailiff for the period required for serving orexecuting the process, inclusive of the time occupied in going to and returning from theplace at which the process is required to be served or executed, to be calculated in themanner provided in the following paragraph :
(iii) Where the remuneration and allowances of special bailiffs are required tobe paid by the party under the foregoing subparagraph, the remuneration (inclusive ofthe dearness allowance compensatory allowance and the house rent allowance) shall becalculated at the rate of Rs. 4.50 P. per day or part thereof per bailiff and the travellingand daily allowances to be recovered shall be those admissible to the bailiffs under therules for time being in force :
Provided that where the party provides his own conveyance, no travellingallowance shall be recovered from the party.
(iv) (a) Whenever the remuneration and allowances of special bailiff's arerecovered from the parties, additional temporary bailiffs, not exceeding the number ofbailiffs whose remuneration and Allowances are paid by the parties may be employed bythe Presiding Judge for a period not exceeding the period for which the payment isrecovered from the parties.
(b) Where such additional temporary bailiffs actually do the work ofserving or executing a particular process for which the payment is recovered from theparties, the moment of remuneration and allowances recovered from the parties shall bepaid to such additional temporary bailiffs.
(c) Where no such additional temporary bailiffs are employed, theamount of remuneration and allowances recovered from the parties shall be credited toGovernment.
(v) Where the amount of process fee chargeable under these rules involves afraction of a rupee which is not a multiple of five paise, it shall be rounder off to the nextlower multiple of five paise.
TABLE Fees chargeable in Civil Court in respect of processes, proclamations and sales
Where the Subject matter in dispute
Name of process etc. Does notexceedRs. 25
ExceedsRs. 25but doesnotexceedRs. 50
ExceedsRs. 50but doesnotexceedRs. 250.
ExceedsRs. 250but doesnotexceedRs. 500.
ExceedsRs. 500but doesnotexceedRs.1,000.
Exceeds Rs. 1000 butdoes not exceed Rs.5000.
ExceedsRs. 5000
In suitsappeals orproceedingsnototherwiseprovidedfor
Mamlatdar'sCourt
Ismiscellaneousapplicationsunder theBombayRents, Hoteland LodgingHouse RatesControl Act,LVI of 1947and under theC.P. AndBearer lettingof Housesand RentControlOrder, 1949
1 2 3 4 5 6 7 8 9 10 11
I. For each summons or notice
(a) To a single defendant, respondent,or witnesses.
(b) To every additional defendant,respondent or witness residing in thesame village or town or within thesame Municipal limits if the processesbe applied for at the same time.
Rs. P
00.25
00.15
Rs. P
00.40
00.20
Rs. P
00.75
00.40
Rs. P
1.00
00.50
Rs. P
1.50
00.75
Rs. 1.50 for the firstRs. 1000 and 50 Psfor every Rs. 1000 orpart there of in excessof Rs. 1000
75 Ps., for the firstRs. 1,000 and 25 Ps.for every Rs. 1,000 orpart thereof in excessof Rs. 1,000.
Rs. P
5.00
2.50
Rs. P
2.00
1.00
Rs. P
00.50
00.40
Rs. P
1.00
00.50
II. For every warrant
(a) of arrest, in respect of every personto be arrested;
(b) of attachment, in respect of everysuch warrant ;
(c) of sale, in respect of every suchwarrant.
(d) of possession, in respect of everywarrant.
00.50 00.75 1.50 2.00 3.00
Rs. 3 for the first Rs1,000 and Rs.1 forevery Rs. 1,000 orpart thereof in excessof Rs. 1,000/
10.00 4.00
III. For every proclamation other than aproclamation of sale under Order XXI.Rule 66, Civil Procedure Code or orderand every process not otherwiseprovided for.
00.50 00.75 1.50 2.00 3.00
Rs. 3 for the first Rs1,000 and Rs.1 forevery Rs. 1,000 orpart thereof in excessof Rs. 1,000/
10.00 4.00
IV. For every order or injunction
(a) to a single opponent
(b) to every additional opponentresiding in the same village or town orwithin the same municipal limits if theprocess be applied for at the same time.
00.50
00.25
00.75
00.40
1.50
00.75
2.00
1.00
3.00
1.50
Rs. 3 for the first Rs1,000 and Rs.1 forevery Rs. 1,000 orpart thereof in excessof Rs. 1,000/
1/2 of the above
10.00
5.00
4.00
2.00
V. For every proclamation of saleunder Order XXI, Rule 66, CivilProcedure Code.
2.00 In all suits, appeals or proceedings.
Where the Subject matter in dispute
VI. For every sale of movable orimmovable property.
A percentage or poundage on the gross amount realized by the sale up to Rs. 1,000 at the rate of 2 per cent. Together with a further feeon all excess of gross proceeds above Rs. 1,000 at the rate of 1 per cent.Provided that, where the amount of process fee already paid in respect of the warrant of sale equals or exceeds the amount ofpoundage the latter shall be wholly remitted; and that, when the latter amount exceeds the former, the former shall be deducted fromthe latter and the balance only shall be levied as poundage (vide Bombay Government Gazette for 1924, Part I, Page 1022.Provided also that, when a sale of immovable property is set under Order XXI, Rule 89, 91 or 92, Civil Procedure Code, anypoundage or other fee charged for selling the property shall, on application, be refunded.
Note (i) : The value of the subjectmatter shall be considered to be the market value of theproperty in dispute. Where the subjectmatter is not capable of valuation, the fees are tobe levied accorded to column 9.
Note (ii) : In execution proceedings processfees shall be levied according to the value ofthe subject matter in respect of which execution is sought or where the subjectmatter isnot capable of valuation according to column 9:
Provided that the process fee for a notice issued at the instance of a judgmentdebtor either under subrule (1) or subrule (2) of the rule 2 of Order XXI of the Code ofCivil Procedure, 1908, shall be levied according to the amount paid into the Court underclause (a) of subrule (1) of rule 1 of the said order or according to the amount paid out ofCourt or the value of the adjustment made under subrule (1) of rule 2 of the said Order,as the case may be.
Note (iii) : In miscellaneous proceedings under the Civil Procedure Code (other thanexecution proceedings) and proceedings under other Acts, the fees to be levied shall be inaccordance with marketvalue of the subjectmatter when it is ascertainable, and when itis not ascertainable according to column 9.
Note (iv) : (a) The percentage leviable under head V of the Table shall be calculated onmultiples of Rs. 25 (i.e. A poundage fee of 50 Ps. should be levied for every Rs. 25, orpart of Rs. 25 realized by the sale up to Rs. 1,000 and in the case of the proceeds of thesale exceeding Rs. 1,000 an additional fee of 25 Ps. for every Rs. 25 or part thereof,should be levied.
(b) In cases in which several properties are sold in satisfaction of one decree,only one poundage fee, calculated on the gross saleproceeds, shall be levied, 2 percent,being charged on the gross proceeds up to Rs. 1,000 and 1 percent, on such proceedsexceeding Rs. 1,000.
(c) The percentage or poundage must be paid (1) in a case where thepurchaser is a person other than the decree holder, at the time of making the applicationfor payment of the proceeds of sale by the Court, and (2) in a case where the decreeholder has been permitted to purchase, at the time of the confirmation of sale by theCourt or the Collector, as the case may be.
The poundage should be recovered in the first instance from the decree
holder who is entitled to recover it ultimately from the judgmentdebtor, like all othercosts incidental to the execution proceedings and not being costs in respect of which theCourt has passed any special order (vide Bombay Government Gazette, Part IVA for1936, Page 208),
Note (v) : Where a summons or notice to a defendant or respondent is to be served bypost registered for acknowledgment, the process fee levied shall in no case be less thanthe actual amount required for registration and postage; provided however when asummons or notice is issued by registered post prepaid for acknowledgment, in additionto service through bailiff as provided under rule 19A of Order V, Civil Procedure Code,no separate process fee shall be recovered from the party for such additional service butonly amount required for registration and postage shall be recovered in addition to theprocess fee levied for service through bailiff.
Note (vi) : With the sanction of the Court any party may pay the cost of proceeding byrailway or any public conveyance where such is available and in such case the processserver shall be bound to proceed by such railway or public conveyance.
Note (vii) : For process applied for and ordered to be executed as emergent, the fee willbe the ordinary fee and half as much again.
Note (viii) : Where one individual is to be served in more than one capacity, e.g,personally and also as guardian of a minor or minors, only one fee is to be charged.
Note (ix) : When a process issued by a Civil Court other than a Mamlatdar's Court isreturned unserved and has to be reissued for service, only a half of the full fee leviableshall be charged on the occasion of each reissue. In respect of cases falling under ItemsNos. I(b) and IV(b) of the above table full process fee shall be understood to mean the feeprescribed under Items Nos. I(a) and IV(a) of the above table, respectively.
This rule applied whatever may be the reason which prevented service (e.g.Whether the failure to serve was due to the fault of the party on whose behalf it wasissued or not), and whether the identical paper is reissued or a fresh paper.
Note (x) : When the service is set aside in an enquiry under Order V, Rule 19, CivilProcedure Code or when witnesses, etc., have to be summoned a second time inconsequence of the Court not siting or not taking up or not completing the hearing of thecase on the day on which they were first summoned, no further fee is to be levied upon
reissue.
Note (xi) : If a warrant has already been issued to arrest a judgmentdebtor who has failedto pay the decretal amount and who has been ordered to be imprisoned in a civil jail andsuch warrant of arrest is in force, no further fee is leviable on the order of committal tojail.
Note (xii) : No fee is to be charged for any process issued by a Court of its own motion.
Note (xiii) : No processfees shall be charged on proclamations under section 10 ofRegulation VIII of 1827, and notices issued under the Provincial Insolvency Act in theCase of an application by a debtor.
Note (xiv) : (a) When the services of a bailiff (other than a special bailiff) are required fora long period than three days for the service or execution of a process (ordinary oremergent) the party on whose application the process was issued shall, in a addition to theprocess fees leviable, under the above rules, be required to pay the salary and theallowances (including dearness allowance, compensatory allowance, house rentallowance, travelling allowance and daily allowance) of such bailiff for the whole periodin excess of three days, a part of the day being reckoned as equal to a whole day. Thesalary and allowances in such cases shall be calculated for the period in excess of threedays on the basis of the actual salary and allowances, monthly or daily, payable to thebailiff concerned at the rates admissible under the rules for the time being in for :
Provided that where the party provides his own conveyance, no TravellingAllowance shall be recovered from him.
(b) The time occupied in going to and returning from the place at which theprocess is to be served or executed shall not be reckoned as portion of the period referredto in clause (a) above.
(c) The amount recovered from the party under clause (a) above shall becredited to Government.
Note (xv) : Nothing contained in these rules shall apply to processes issued inproceedings under the Bombay Agricultural Debtors' Relief Act (Bom. XXVIII of 1947).The fee chargeable in respect of such processes are prescribed in High Court Circular
No.P. 0122/47, dated the 9th November 1948, published at page No. 914 of the BombayGovernment Gazette for 1948, Part IVC.Note: See also on this subject paragraph 111 of Chapter VIII.
The aforesaid rules which were made applicable to the newly addedterritories of the Reorganised State of Maharashtra under High Court Notification No.P.6326/56, dated 31st March 1959, have been continued to remain in force, and shall bedeemed to have been framed under section 32 of the Bombay Court Fees Act, 1959(Bom. XXXVI of 1959) with effect from 1st August 1959, provided that the exemptionsif any, already in force in the aforesaid newly added territories of the Reorganised Stateof Maharashtra in respect of payment of process fees which are similar to the exemptionsgranted by the High Court Notification No. PR. 0703/49, dated 17th October 1958, andwhich were continued by the High Court Notification No. P. 6326/56, dated 31st March1959, shall also continue to remain in force.
489. Before any process is issued in any Court, the proper Officer of the Courtshould calculate the amount to be paid as Courtfees, and should give information of suchamount to the person by whom the fees are payable. Such fees should be paid before theend of the fourth day from the date of the order of the Court, provided that, if the office isclosed on the forth day, the fees may be received on the next day, the office is open. TheCourt may, for sufficient reason, extend the time for payment.
The stamp received for Court fees should be affixed too the application madefor the issue of the process.
After the process fees have been received but not before, the necessarysummons, notice, warrant, or other process, should be prepared.
When the process is to be issued beyond the jurisdiction of the Court, a noteshould be made on the process that the proper fee has been levied.
490. For warrants for partition in execution of partition decrees the process feesshould be charged as follows : They should be charged at the rate mentioned in item III atpage 168 of the Civil Manual. The fees should be calculated and charged according tothe number of warrants or commissions issued irrespective of the fact whether all theproperties are situated in one village or more than one village. Further they should becalculated on the value of the share of the decreeholder in the properties mentioned inthe particular warrant or commission. For instance, when a darkhast is filed for partitionof house as well as lands and the Court issued one commission for partitioning all thehouses and a warrant to the Collector for partitioning the lands, the fees should becalculated for the commission on the value of the share of the decreeholder in all thehouses mentioned therein even though the houses may be situated in different vilages. If
however, two or more commissions are issued seperately for different houses situated indifferent villages, the process fees should be calculated and charged separately for each ofthem on the value of the share of the decreeholder in the houses mentioned in eachcommission. In regard to lands, as there will be only one warrant addressed to theCollector for partitioning all the lands though they may be situated in different villages,the fees should be levied on the value of the share of the decreeholder in all these lands.
491. All Judges are permitted to levy charges for beating of the drum forattachment of immovable properties at such rates as they consider reasonable havingregard to the situation of the properties and the conditions prevailing in the village inwhich the beating of the drum is done. Ordinarily, the rate should be Re. 1 for eachbeating of the drum and the charges should be levied at this rate for the beating of thedrum irrespective of the number of properties for which the beating of the drum is done.In cases, however, where the properties are situated at a distance from one another thoughin the same village and the beating of the drum has, therefore to be done at more than oneplace, the charges may be levied at the above rate, separately for the beating of the drumat each of the places.
492. When a decree holder seeks the sale of immovable properties situated atdifferent places or villages, only one warrant and one proclamation of the sale with asmany copies as there are places or villages should be issued. Only one process fee shouldbe charged for the warrant and another for the proclamation.
493. The members of the Scheduled Tribes specified in the Schedule annexedhereto are exempted from payment of process fees. This rule shall be effectiveretrospectively from and inclusive of the 7th day of September 1961 and shall remain inforce up to and inclusive of the 31st day of March 1984.
SCHEDULE
Part IX Maharashtra
1. Andh.2. Baiga.3. Barda.4. Bavacha, Bamcha.5. Bhaina.6. Bharia Bhumia, Bhuinhar Bhumia, Pande.7. Bhattra.
8. Bhail, Bhil Garasia, Dholi Bhil, Dungril Bhil, Dungri Garasia, Mewasi Bhil, Rawal Bhil, Tadvi Bhil, Bhagalia, Bhilala, Pawra, Vasava, Vasave.
9. Bhunjia.10. Binjhwar.11. Birhul, Birher.12. Chodhara (excluding Akola, Amravati, Bhandara, Buldhana, Chandrapur, Nagpur, Wardha, Yavatmal, Aurangabad, Beed, nanded, Osmanabad and Parbhani districts.)13. Dhanka, Tadvi, Tetaria, Valvi.14. Dhanwar.15. Dhendia.16. Dubla, Talavia, Halpati.17. Gamit, Gamta, Gavit, Mavehi, Padvi.18. Gond Rajgond, Arakh, Arrakh, Agaria, Asur, Badi Maria, Bada Maria, Bhatola, Bhimma, Bhuta, Koilabhuta, Koilabhuti, Bhar, Disonborn Maria, ChotaMaria, Dhandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Gaiki, Gatta, Gatti,Gaita, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Khirwar,Khirwara, Kaucha Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya,Mogia, Monghya Mudia, Muria, Nagarchi, Naikpod, Nagwanshi, Ojha, Raj, SonjhariJharoka, Thatia, Thotya, Wade Maria, Vade Maria.19. Halba, Halbi.20. Kamar.21. Kathodi, Katkari Dhor Kathodi, Dhor Kathkari, Son Kathodi, Son Katkari.22. Kawar, Kanwar, Kaur, Cherwa Rathia, Tanwar, Chattri.23. Khairwar.24. Kharia.25. Kokna, Kokni Kukna.26. Kol.27. Kolam, Mannervarlu.28. Koli, Dhor, Tokre Koli, Kolcha, Kolgha.29. Koli Mahadev, Dongar Koli.30. Koli Malhar.31. Kondha, Kohond, Kandh.32. Korku, Bopchi, Mouasi, Nihal, Nahul, Dondhi, Bondeya.33. Koya, Bhine Koya, Rajkoya.34. Nagesia, Nagasia.35. Naikda, Nayaka, Cholivala, Nayaka, Kapadia Nayaka, Mota Nayaka, Nana Nayaka.
36. Oraon, Dhangad.37. Pardhan, Pathari, Saroti.38. Pardhi, Advichincher, Phans Pardhi, Phanse Pardhi, Langoli Pardhi, BaheliaBahellia, Chita Pardhi, Shikari, Takankar, Takia.39. Parja.40. Patolia.41. Pemla.42. Rathawa.43. Sawar, Sawara.44. Thakur, Thakar, Ka Thakur, Ka Thakar, Ma Thakur, Ma Thakar.45. Thoti (in Aurangabad, Beed, Nanded, Osmanabad and Parbhani districts Rajuri tahsil of Chandrapur district )46. Varli.47. Vitolia, Kotwalia, Barodia.
494. No Court fee is leviable upon a certificate of a decreeholder under rule 2 ofOrder XXI of the Civil Procedure Code, although such certificate declares that thedecreeholder has received a smaller sum or a thing of less value in discharge of a largesum due under the decree, or in complete discharge of the decree.
495. No Court fee is leviable on bonds executed on bonds executed by prisoners orother persons in duress or under restraint of any Court or its officers for their release inaccordance with the orders of the Court.
496. Pending judicial decision by the High Court on the question, SubordinateCourts in their administrative capacity should regard section 20 (iii) of the Bombay Courtfees Act 1959, as exempting applications for repayment of refund of deposits from Courtfees.
497. Any copy, which on its first presentation has been duly stamped, and ofwhich the stamps has been cancelled, may, if otherwise admissible, be used in the sameor any other preceding without a fresh stamp.
498. The following is a summary of the existing law and rules as to thecancellation and use of Courtfee labels and impressed stamps :
(i) Section 42 of the Bombay Courtfees Act, 1959 is as follows :
“ No document requiring a stamp under this Act shall be filed or actedupon in any proceeding in any Court or office until the stamp has been cancelled.
Such officer as the Court or head of the office may from time to timeappoint shall, on receiving any such documents forthwith effect such cancellation bypunching out the figurehead so as to have the amount designated on the stampuntouched, and the part removed by punching shall be burnt or otherwise destroyed.”
(ii) Impressed stamps used for denoting Courtfee need not be cancelled orpunched otherwise than as required by section 42 of the Court fees Act.
The record keeper of every Court shall, when a case is decided and the recordconsigned to his custody, punch a second hole in each lable distinct from the first whichis prescribed by section 42 of the Bombay Courtfees Act, and note the date of doing soat the same time, apply only to adhesive labels used under the Courtfees Act, andimpressed stamps used for denoting court fees need not be cancelled or punchedotherwise than as required by section 42 of the Bombay Court fees Act.
(iii) The Court or office issuing copies, certificates and other similardocuments liable to duty is, before issue, to cancel labels affixed to them by punching outas portion of the labels in such a manner as to remove neither the figurehead nor that partof the label upon which its value is expressed. As an additional precaution, the signatureof the officer attesting the document, with the date, should be written across the label andupon the paper on either side of it, as is frequently done by persons signing stampedreceipts.
(iv) Before records are forwarded by a Subordinate Court to the DistrictCourt as required by paragraph 530 of Chapter XXVII they should be checked forascertaining that no stamp is left unpunched. At the end of the Roznama in each case anote should be made by the suit or Darkhast Sheristedar that all the Court fees stampshave been punched. Similarly, in District Courts the clerk who completes the Roznamawould check the punching of stamps and make a similar note.
The Record keeper of the District Court should examine one out of every tencases received by him and should endorse on the Roznama of the examined case and inthe General Record Register that he has checked the punching of stamps in the particularcase.
A test inspection of cases received by the Record Keeper of the District Courtshould be made by Clerk of the Court of the District at the end of each quarter.
(v) (a) When the fee chargeable under the Courtfees Act is less than Rs. 25such fee shall, subject to the directions contained in clause (d) below, be denoted byadhesive stamp only. Such adhesive stamp shall, either be the adhesive stamp bearing thewords “Court Fees” at present in use, or adhesive stamps of any different shapes, size ofpattern bearing the words “Court Fees” which may hereafter be issued for usesupersession of, or in addition to, adhesive stamps now in use,
(b) When the fee chargeable under the said Act amounts to or exceeds Rs.25 such fee shall be denoted by denoted by impressed stamps bearing the words “CourtFees” only adhesive stamps being used to make up fractions of less than Rs.25,
(c) Courtfee stamped papers of the value of Rs. 10, 15 and 20 may,however be used to denote the fees chargeable under the said Act until such use inprohibited by a notification issued in this behalf under section 39(b) of the Act.
(vi) (a) Fees amounting to less than Rs. 25, shall be paid by affixing a singleadhesive stamp, of the required value. But if single adhesive stamp of the required valueis not available the stamp of the next lower value available shall be used, and thedeficiency shall be made up by the use of one or more additional adhesive stamps of thenext lower value, as may be required to make up the exact amount of the fee.
(b) Fees amounting to or exceeding Rs. 25 shall be paid by affixing asingle impressed stamp of the required value. But if such a stamp is not available, animpressed stamp of the next lower value available shall be used, and the deficiency shallbe made up by the use of one or more additional impressed stamps of the next lowervalue available as may be required to make up the exact amount of the fee in combinationwith the adhesive stamps to make up fractions of less than Rs.25.
(c) The adhesive stamp used under rule (vi)(b) shall be affixed to theimpressed stamp of the highest value used.
(d) Notwithstanding anything herein contained impressed Courtfeestamped papers of the value of Rs. 10, 15 and 20 may be used to denote the feeschargeable under the said Act until such use is prohibited by a notification issued in thisbehalf under section 39(b) of the Act.
(vii) When two or more impressed stamps are used to make up theamount of the fees chargeable under the Court fees Act, a portion of the subjectmattershall ordinarily be written on each stamped sheet. Where this is impracticable orinconvenient, the document shall be written on one or more sheets bearing impressedstamps of the highest value, and the remaining stamps shall be punched and cancelled bythe Court and filed with record, a certificate being recorded by the Court on the face ofthe first sheet, of the document to the effect that the full Courtfee has been paid instamps. The writing on each stamped sheet shall be attested by the signature of theperson or persons executing the document.
(viii) In future, stamps should be cancelled on the day of presentation orwithin a reasonable time from the date of presentation but invariable before the documentif filed or registered or otherwise acted upon.
499. (i) In any suit disposed of by a District Court, a Subordinate Civil Courtconstituted under the Bombay Civil Courts Act, 1869, or Court of Small Causesconstituted under the Provincial Small Causes Courts Act, 1887, as the case may be, in
the circumstances specified in column 1 of the Schedule hereto annexed, the part of theinstitution fee as specified against it in column 2 of the Schedule shall be repaid to theplaintiff by such Court, by issuing a certificates.
SCHEDULE
Column 1 Column 2
1Suit the claim in which is admitted but only time orinstallments for payment is asked for.
Twothirds.
2Suit which is got dismissed by a plaintiff for want ofprosecution before settlement of issues or recording of anyevidence
Twothirds.
3Suit which is withdrawn unconditionally by the plaintiff(before the settlement of issues or recording of anyevidence) as settled out of Court.
Twothirds.
4Suit in which the plaint is rejected without issuingsummons to the defendant as not disclosing any cause ofaction, or as barred by Law of Limitation.
Threefourths.
5
Suit in which judgment is given on admission under rule 6of Order XII in the First Schedule to the Code of CivilProcedure, 1908, before the settlement of issues orrecording of any evidence.
(Vide Government Order, H.D., No CFA, 1056III,dated 1st August 1959.)
Twothirds of theamount of institution feeof the claim admitted.
6
In summary suit under Order XXXVII in the First Scheduleto the Code of Civil Procedure, 1908, where leave to defendis refused or where the defendant does not appear.
(Vide Government Order, Law and Judiciary Department,No. CFA1179/419(109)X, dated 28th April 1980.)
Twothirds
(ii) In any appeal or cross objections, disposed of by the Court undercircumstances specified in column 1 of the Schedule hereto annexed, the part of theinstitution fee as specified in column 2 of the said Schedule shall be repaid to theappellant by the Court provided that the amount of the fee paid by the appellant exceedsfive rupees or the claim for repayment is made within one year from the date on which
the appeal or cross objection is withdrawn or not prosecuted.
SCHEDULE
1Appeal which is withdrawn or not prosecuted beforeregistration or when registration is refused.
Full amount of theinstitution fee.
2Appeal which abates after registration because the right tosue does not survive for the legal representative of adeceased litigant.
Two thirds of theinstitution fee paid on thememorandum of appeal.
3Appeal which after having been pleased before the Courtfor admission is withdrawn or not prosecuted.
Half of the institution feepaid on the memorandumof appeal.
4Appeal which is withdrawn or not prosecuted thoughregistered, before it is called for effective hearing.
Half of the institution feepaid on the memorandumof appeal.
5Memorandum of cross objection which is withdrawn or isnot prosecuted before an appeal, in which it is filed, iscalled for effective hearing.
Half of the institution feepaid on the memorandumor cross objection.
[ Vide Government Order, Home Department No. CFA. 1056/58839III,dated the 29th April 1960.]
500. A money decree, passed on admission, wherein installments are granted onthe condition that in default of payment of two or more installments, the whole of thebalance shall become due and payable, should be deemed to be a decree on admissionunder Order XII, Rule 6, C.P.C. And as such the part of the institution fee would berepayable to the Plaintiff under Item 5 of the Schedule of para 499 above.
501. A form of certificate for refund of Courtfees is given below.
Form of Certificate for refund of Court Fees.
Amount ordered to be refunded to under sectionof the Bombay Court Fees Act, 1959/BombayCity Civil Courts Act, 1948.
(a) Read with Government Order, HomeDepartment No. CFA. 1056III, dated the 1stAugust 1959.
(b) Read with Government Order, HomeDepartment, No. 5824/5, dated the 14th August1948.
(c) Read with Government Order, HomeDepartment, No. CFA. 1056 /58839 III, datedthe 29th April 1960.
Or under Rule or Rules framed under BombayAct, LVII of 1947 in respect of plaint/ counterclaim in in Application / Memoof Appeal / Crossobjection / Appeal /Application in Suit
Appeal/Application
No. of 19
Rupees (in words)
Rs. Paise.
It is certified that is/are entitled undersection of the Bombay Court Fees Act,1959/Bombay City Civil Courts Act, 1948.
(a) Read with Government Order, HomeDepartment No. CFA. 1056III, dated the 1st August1959.
(b) Read with Government Notification . HomeDepartment, No. 5824/5, dated the 14th August 1948.
(c) Read with Government Order, HomeDepartment, No. CFA. 1056/58839III, dated the 29thApril 1960.
Or under Rule or Rules framed under Bombay Act,LVII of 1947 to receive back from the Collector ofRs. (in figures) (in words) RupeesPaise the stamp on the Plaint/Counterclaim/Application/Memo of Appeal/Cross Objectionin suit /Appeal / Application No. of 19 of the Courtof the District Judge / Civil Judge (Senior / JuniorDivision) of Bombay City Civil Court, Bombay,having been Rs. (in figures) (in words)Rupees and Paise and the Court having orderedrefund of the Court having ordered refund of theinstitution fees.
This day of 19 .
Judge/Registrar
This day of 19 .
Judge/Registrar
Prepared by On :Checked by On :
(a) and (c) To be struck off in cases other than (a) and (c) To be struck off in cases other thanSection 43(2). Section 43(2). (b) To be struck off in cases other than (b) To be struck off in cases other thanSection 11(2) Section 11(2). 502. A party or his lawyer may be allowed to take a search of the record andproceedings of a disposed of case on a written application made to the Court bearing aCourtfee stamp of 65 P. The order for search on such application shall be made by thePresiding Officer of the Court.
503. The Court shall appoint either the Nazir or the Clerk of the Court to checkand countersign every day the two registers (Register of Process fee and Register of dailyreceipts of Court Fees) prescribed in paragraphs 739 and 741, of Chapter XL of this
Manual (Form O and Q Volume II of Civil Manual).