Court Fees Act 1870: When Is a Court Fee Required and How Is It Calculated?
Date Published
You prepare a plaint for recovery of money, and your client asks, "What will it cost to file?" The answer is not a guess. It comes from the Court Fees Act, 1870, which says when a fee must be paid, how the value of the suit is worked out, what happens if the value is wrongly stated, and when the fee can be refunded.
This is a practical and scoring topic for the Civil Judge Exam, PCS J Exam and APO Exam, because the Act is short and the rules for valuation are clear. This blog goes through the key sections in the order a lawyer would meet them.
The basic rule: no fee, no filing
The core rule sits in Sections 4 and 6. A document that is listed in the Schedules cannot be filed, exhibited, recorded or received in a court unless at least the scheduled fee has been paid.
• Section 4 applies to the High Courts in their extraordinary original civil jurisdiction, appellate jurisdiction, and reference or revision jurisdiction.
• Section 6 applies the same payment rule to documents filed in other courts, called mufassal courts in the Act, and to documents received by public officers.
Note that some States have changed the wording or added to these sections. The text of the Act as amended in your State is the version to rely on in an exam that is set for that State.
Who decides a dispute about the fee?
Section 5 deals with disputes over fees. In the High Courts, the taxing officer decides, and the decision is final unless the question is of general importance, in which case the Chief Justice decides. In the Presidency Small Cause Courts, the Clerk of the Court decides, subject to the first Judge for matters of general importance.
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Section 7: how to value the suit
Section 7 is the heart of the Act. It tells you what amount to use for computing the fee in different kinds of suits.
Clause | Kind of suit | Basis of fee |
(i) | Money | The amount claimed |
(ii) | Maintenance and annuities | Ten times the amount payable for one year |
(iii) | Movables with a market value | Market value on the date the plaint is presented |
(iv) | Movables without a market value, shares of joint-family property, declaratory decrees with consequential relief, injunctions, easements, accounts | The relief valued in the plaint, which the plaintiff must state |
(v) | Possession of land, houses and gardens | Permanently settled revenue-paying land: ten times the revenue. Temporarily settled land: five times the revenue. Land paying no revenue: fifteen times the net profits of the previous year, or a court estimate based on similar land. Part of an estate not separately assessed: market value. Houses and gardens: market value |
(vi) | Pre-emption | Computed as in clause (v) |
(vii) | Assignee of land revenue | Fifteen times the net profits of the previous year |
(viii) | Setting aside an attachment | The attached amount; if that exceeds the value of the land, treated as a suit for possession |
(ix) | Redemption and foreclosure | The principal money secured |
(x) | Specific performance | Sale contracts: the consideration. Mortgages: the amount secured. Leases: the premium plus first-year rent. Awards: the value of the disputed property |
(xi) | Landlord and tenant suits | The rent payable for the year before the plaint |
Some States have their own rules for clauses such as (iv) and (v). For example, the Act as published records changes by Orissa and Haryana, and Haryana replaces the land rules with fixed per-acre rates. That is why a one-line answer for land possession should always begin with the phrase "under the Act as applicable in the State".
A quick worked example
A plaintiff sues to recover Rs. 5 lakh. Clause (i) applies, and the fee is calculated on the amount claimed, Rs. 5 lakh, using Schedule I. If the plaintiff sues for maintenance of Rs. 24,000 a year, clause (ii) values the suit at ten times that amount, which is Rs. 2.4 lakh. If the plaintiff sues on a contract for sale for specific performance, clause (x) says to use the consideration as the value.
Schedule I: the ad valorem scale
Schedule I sets the fee on plaints and memoranda of appeal in slabs. In the Act as published, the scale rises from six annas for claims up to Rs. 5, up to Rs. 25 for each Rs. 50,000 above Rs. 50,000, with a maximum fee of Rs. 3,000. Possession suits under the Specific Relief Act pay half the scale. Review applications pay the full plaint fee if filed after 90 days and half if filed earlier. Copy fees for judgments, decrees and documents are fixed separately.
Schedule II covers fixed fees, and Schedule III gives the valuation form. Current fee amounts differ in many States, so check your State's amendments before quoting figures.
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What if the value is wrongly stated?
Valuation mistakes are dealt with in Sections 10 to 12.
• Section 10: If the value was stated too high, the court may refund the excess at its discretion. If it was stated too low, the plaintiff must pay the shortfall. The suit is stayed until payment and dismissed if payment is not made in time.
• Section 11: Where mesne profits or accounts turn out to be more than the claim, execution of the decree waits until the shortfall in fees is paid. If profits found during execution exceed the claim, further execution is stayed until the shortfall is paid, and the suit is dismissed if it is not paid in time.
• Section 12: The court where the suit is filed decides valuation questions, and its decision binds the parties. On appeal, reference or revision, if a valuation was wrongly decided to the revenue's loss, the party must pay the additional fee under the Section 10 procedure.
Section 8 also deserves a line. In appeals on land acquisition compensation, the fee is based on the difference between the amount awarded and the amount claimed.
When can the fee be refunded?
The Act allows refunds in a few situations, and each is easy to turn into a short-note question.
Section | Situation | Refund |
13 | A plaint rejected on Civil Procedure Code grounds is ordered to be received, or a suit is remanded in appeal on those grounds | The appellate court certifies that the appellant may recover the full memorandum-of-appeal fee from the Collector. A partial remand limits the refund in proportion |
14 | A review application filed after the ninetieth day from the decree, unless the delay was due to the applicant's laches | The court may certify a refund of the excess over the fee for filing within 90 days |
15 | A review is admitted and the court reverses or modifies its decision because of a mistake in law or fact | The applicant may get a refund of the excess over the fee for another application under Schedule II. No refund if the change rests on fresh evidence that was available at the original hearing |
16 | The court refers parties to a mode of settlement under Section 89 of the Civil Procedure Code | The plaintiff may receive a certificate for a full refund of the plaint fee |
Section 16 is a good one to remember because it links the Court Fees Act with Section 89 of the Code of Civil Procedure and the idea of settlement before trial.
How to answer a Court Fees question
Start with the rule: no scheduled document can be filed without the scheduled fee. Identify the kind of suit and pick the right clause of Section 7. State the valuation basis, then mention the scale in Schedule I. If the question is on a mistake in valuation, move to Sections 10 to 12. If it is on a refund, use Sections 13 to 16.
Always add a line that State amendments may change the figures. It shows the examiner you understand that this is a Central Act that has been amended in many States.
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Frequently Asked Questions
Q1. What does the Court Fees Act, 1870 do?
It requires payment of the scheduled fee on documents filed in courts, says how the value of a suit is calculated, deals with wrong valuation, and provides for refunds.
Q2. What is the basic rule under Sections 4 and 6?
A scheduled document cannot be filed, exhibited, recorded or received in a court or by a public officer unless at least the scheduled fee is paid.
Q3. How is the fee calculated in a money suit?
Under Section 7(i), on the amount claimed.
Q4. How is a suit for maintenance valued?
Under Section 7(ii), at ten times the amount payable for one year.
Q5. How is a suit for specific performance of a sale valued?
Under Section 7(x), on the consideration. For mortgages it is the amount secured, and for leases the premium plus first-year rent.
Q6. What happens if the value is stated too low?
Under Section 10, the plaintiff must pay the shortfall, the suit is stayed until payment, and it is dismissed if payment is not made in time.
Q7. Who decides valuation questions?
Under Section 12, the court in which the suit is filed decides, and its decision binds the parties, subject to the additional fee rule on appeal, reference or revision.
Q8. When is a refund available on a review application?
Under Sections 14 and 15, in cases of a late review application where delay was not due to laches, and where the review leads to a reversal or modification because of a mistake in law or fact.
Q9. Is there a refund if the court refers the dispute to settlement?
Yes. Under Section 16, where the court refers parties to a mode of settlement under Section 89 of the Code of Civil Procedure, the plaintiff may receive a certificate for a full refund of the plaint fee.
Q10. Why is the Court Fees Act important for the Civil Judge Exam, PCS J Exam and APO Exam?
It is a short, rule-based Act with clear valuation clauses, so it is a frequent source of both direct questions and problem questions.
Final note from Aashayein Judiciary
The Court Fees Act is a good place to pick up easy marks. Learn Section 7 as a table, keep the refund sections in a short list, and remember that State amendments exist.
Nitesh Sir and the Aashayein Judiciary team teach procedural statutes with charts and short drills so that you can answer fast and accurately. Join our Online Judiciary Coaching to get Judiciary Notes, Judiciary Study Material, PYQ discussion and Mock Test practice for the Civil Judge Exam, PCS J Exam and APO Exam.