An Act to amend the law relating to court-fees in its application to the Province of Orissa

Whereas it is expedient to amend the law relating to court-fee in its application to the Province of Orissa

It is hereby enacted as follows:

(i) This Act may be called the Orissa Court-fees (Amendment) Act, 1939.

(ii) It extends to the whole of Orissa.

(ii) It shall come into force on such date1 as the Provincial Government may, by notification in the Gazette, appoint.

The Acts mentioned in Schedule 'A' to this Act, so far as they apply to the whole or any part of the Province of Orissa, are hereby repealed to the extent specified in the third column of that Schedule.

For Section 2 of the Court-fees Act, 1870 (VII of 1870) (hereinafter called the principal Act), the following section shall be substituted :

2. Definitions - In this Act, unless there is anything repugnant in the subject or context, -

(1) "appeal" includes a cross objection ;

(2) "suit" includes an appeal from a decree except in Section 8-A."

Section 4 - Amendment of Section 6

"(2) Notwithstanding anything contained in Sub-section (1), the Provincial Government may, by notification, direct that a copy of a document, specified as chargeable in Schedules I and II to this Act annexed, shall be furnished by a public officer without payment of the fee indicated by either of the said Schedules as the proper fee for such copy and the copy so furnished shall be chargeable with the requisite fee only when it is filed, exhibited or record in any Court of Justice or received by a public officer as mentioned in Sub-section (1)."

In Section 7 of the principal Act, for the words "in the suits next hereinafter mentioned" the words "in the suits next hereinafter mentioned except suits for relief under Section 14 of the Religious Endowments Act, 1863 (XX of 1863) or under Section 91 or Section 92 of the Code of Civil Procedure, 1908 (V of 1908)" shall be substituted.

In Section 7 (ii) of the principal Act, after the words "shall be deemed to be" the words "in suits for maintenance five times and in other suits" shall be inserted.

Clause (b) of Section 7 (iv) of the principal Act shall be omitted.

In Section 7 of the Principal Act, after paragraph (iv) the following paragraph shall be inserted :

"(iv-A) In a suit for cancellation of a decree for money or other property having a money-value, or other document securing money or other property having such value, according to the subject-matter of the suit, and such value shall be deemed to be -

If the whole decree or other document is sought to be cancelled, the amount or the value of the property for which the decree was passed or other document executed ;

If a part of the decree or other documents sought to be cancelled, such part of the amount or value of the property.

Explanation - In any case where a suit for the cancellation of a whole decree for money or other property having a money value, or other document securing money or other property having such value has to be instituted, but the substantial relief claimed is only in respect of a part of the amount or the value of the property for which the decree was passed for the other document was executed, the value of the subject-matter of the suit shall be deemed to be such part of the amount or value of the property in respect of which the relief is sought."

In paragraph (v) of Section 7 of the principal Act -

(1) in Clause (a), for the word "ten" the word "twenty" shall be substituted;

(2) in clause (b), for the word "five" the word "ten" shall be substituted;

(3) the following proviso shall be inserted after the existing proviso:

"Provided further that in suits for possession of land if rules are framed under Section 3 of the Suits valuation Act, 1887 (VII of 1887) for determining the value for the purposes of jurisdiction, the value so determined shall be deemed to be the value of the land for the purposes of this paragraph ; and

(4) the existing explanation shall be re-numbered as Explanation I, and, after the Explanation so re-numbered, the following Explanation shall be added, namely :

Explanation II - In this paragraph, "building" includes a house, out-house, stable, privy, urinal, shed, hut, wall and any other such structure whether of masonry, bricks, wood, mud, metal or any other material whatsoever."

In Section 7 of the principal Act after paragraph (vi) the following paragraph shall be inserted :

"(vi-A) In suits for partition and separate possession of a share of joint family property or of joint property, or to enforce a right to a share in any property on the ground that it is joint family property or joint property-

If the plaintiff alleges that he has been excluded from possession of the" property of which he claims to be a coparcener or co-owner according to the market-value of the share in respect of which the suit is instituted.

Explanation - The word "possession" for this purposes of this paragraph includes constructive possession."

After Section 8 of the principal Act, the following section shall be inserted :

"8-A Statement of particulars of subject-matter of suits and plaintiff's valuation thereof- In every suit in which an ad valorem Court-fee is payable under this Act on the plaint, the plaintiff shall file with the plaint a statement of particulars of the subject-matter of the suit-and his own valuation thereof unless such particulars and the valuation are contained in the plaint. The statement shall be in such form and shall contain such particulars as may be prescribed by the Provincial Government by notification in the Gazette. In every such suit the plaintiff shall also, if the Court so directs, file a duplicate copy of the plaint and of said statement."

For the second paragraph of Section 11 of the principal Act the following paragraph shall be substituted:

"Where a decree directs an enquiry as to mesne-profits which are accrued on the property during a period prior to the institution of the suit, if the profits ascertained on such inquiry exceed the profits claimed, no final decree shall be passed till the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid, if the additional fee is not paid within such time as the Court shall fix, the claim for the excess shall be dismissed, unless the Court, for sufficient cause, extends the time for payment.

Where a decree directs an inquiry as to mesne-profits from the institution of the suit and a final decree is passed in accordance with the result of such inquiry the decree shall not be executed until such fee is paid as would have been payable on the amount claimed in execution if a separate suit had been instituted therefor."

In Section 12 of the principal Act, for paragraph (ii) the following paragraph shall be substituted :

"(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided, it shall :

(a) in any case in which the decision is to the detriment of revenue, require the party by whom such fee has been paid, to pay so much additional fee as would have been payable had the question been rightly decided and thereafter -

(i) if the party required to pay is the appellant or petitioner the appeal or petition shall be stayed until the additional fee is paid. If the additional fee is not paid within such time as the Court shall fix, the appeal or petition shall be dismissed ;

(ii) if the party required to pay is the respondent or the opposite party the Court shall fix a date before which such party shall pay the amount of Court-fee due from him and, if such party fails to pay the fee required before the date fixed by the Court, the Court shall recover the amount of such fee from him as if it were an arrear of land revenue. Where the Court considers that the amount of such fee should be paid to the respondent or the opposite party by the appellant or the petitioner, as the case may be, the Court may provide for such payment in the order as to costs in the said appeal or petition ; and

(b) in any case in which the decision is that any excess fee has been levied, direct the refund of so much excess fee to the party who paid it as would not have been payable had the question been rightly decided.

Explanation - For the purpose of this section a question relating to the classification of any suit in regard to Section 7 shall not be deemed to be a question relating to valuation.”

In Section 18 of the principal Act, for the words "eight annas" the words "one rupee" shall be substituted.

For Section 35 of the principal Act, the following section shall be substituted :

"35 Power to suspend, reduce or remit fees - (1) Provincial Government may, from time to time, subject to such conditions or restrictions as it may think fit to impose, by notification in the Gazette, suspend the payment of or reduce or remit, in the whole of Orissa or in any part thereof, all or any of the fees mentioned in Schedules I and II to this Act annexed and may in like manner cancel or vary such order.

(2) The Provincial Government may, from time to time by rules, prescribe the manner in which any fee the payment of which is suspended under Sub-section (1) may be realised and for this purpose direct that such fee may be recovered as if it were an arrear of land revenue."

For Article 1 of Schedule I of the principal Act the following Article shall be substituted

Number	--	Proper fee
(1) Plaint, written statement pleading a setoff or counter claim or memorandum of appeal (not otherwise provided for in this Act) presented to any Civil or Revenue Court except those mentioned in Section 3.	When the amount or value of the subject-matter in dispute does not exceed five rupees	Six annas.
	When such amount or value exceeds five rupees, for every five rupees, or part thereof, in excess of five rupees, up to one hundred rupees	Six annas.
	When such amount or value exceeds one hundred rupees, for every ten rupees or part thereof in excess of one hundred rupees, up to five hundred rupees	One rupee
	When such amount or value exceeds five hundred rupees, for every ten rupees, or part thereof, in excess of five hundred rupees, up to one thousand rupees	One rupee two annas.
	When such amount or value exceeds one thousand rupees, for everyone hundred rupees, or part thereof, in excess of one thousand rupees, up to seven thousand five hundred rupees	Seven rupees eight annas.
	When such amount or value exceeds seven thousand five hundred rupees, for every two hundred and fifty rupees, or part thereof, in excess of seven thousand five hundred rupees, up to ten thousand rupees	Fifteen rupees,
	When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees	Twenty-two rupees eight annas.
	When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees, up to thirty thousand rupees	Thirty rupees.
	When such amount or value exceeds thirty thousand rupees, for every two thousand rupees, or part thereof, in excess of thirty thousand rupees, up to fifty thousand rupees	Thirty rupees.
	When such amount or value exceeds fifty thousand rupees for every five thousand rupees, or part thereof, in excess of fifty thousand rupees	Thirty-seven rupees eight annas.

 

In Schedule I of the principal Act after Article 2, the following Article shall be inserted:

"3. Plaint, or written statement pleading a set-off or counter claim in any suit of the nature cognisable by a Court of Small Causes when the amount or value of the subject-matter does not exceed Rs. 500	When the amount or value of the subject-matter in dispute does not exceed five rupees	Six annas.
	When such amount or value exceeds five rupees, for every five rupees, or part thereof, in excess of five rupees, up to one hundred rupees	Six annas.
	When such amount or value exceeds one hundred rupees, for every ten rupees or part thereof, in excess of one hundred rupees, up to five hundred rupees	Twelve annas.
3-A. plaint or memorandum of appeal in each of the following suits	When the value for purposes of jurisdiction does not exceed three "thousand rupees	Fifteen rupees.
(i) to obtain a declaratory decree where n o consequential relief is prayed;	When such value exceeds three thousand rupees but does not exceed four thousand rupees	Fifty rupees.
(ii) to set aside an award	When such value exceeds four thousand rupees, for every two thousand rupees, or part thereof, in excess of four thousand rupees, up to ten thousand rupees	Fifty rupees.
(iii) to obtain a declaration that an alleged adoption is invalid or never in fact took place or to obtain a declaration that an adoption is valid	When such value exceeds ten thousand rupees, for every ten thousand rupees, or part thereof, in excess of ten thousand rupees, up to fifty thousand rupees	Fifty rupees.
	When such value exceeds fifty thousand rupees, for every fifty thousand rupees, or part thereof, in excess of fifty thousand rupees	One hundred rupees.

 

In the third column of Article 6 of Schedule I of the principal Act -

(a) for the words "for annas" the words "six annans" shall be substituted;

(b) for the words "eight annas" the words "twelve annas" shall be substituted;

(c) for the words "one rupee" the words "one rupee eight annas" shall be substituted.

For Article 7 of Schedule I of the principal Act the following Article shall be substituted

"Copy of decree or order having the force of a decree	When such decree or order is made by a Munsif's Court or a Court of Small Causes, or a Revenue Court-
	(a) if the amount or value of the subject-matter of the suit wherein such decree or order is made does not exceed one hundred rupees	Eight annas.
	(b) if such amount or value exceeds one hundred rupees but does not exceed one thousand rupees	One rupee.
	(c) if such amount of value exceeds one thousand rupees	One rupee eight annas.
	When such decree or order is made by the Court of a District Judge or of a Subordinate Judge	Three rupees.
	When such decree or order is made by a High Court	Three rupees, if the amount or value of the subject-matter of the suit wherein such decree or order is made does not exceed one thousand rupees ; six rupees, if such amount or value exceeds one thousand rupees.

 

In the third column of Article 9 of Schedule I of the principal Act, for the words "eight annas" the words "twelve annas" shall be substituted.

For the table of rates of ad valorem fees annexed to Schedule I of the principal Act, the tables set forth in Schedule 'B' to this Act shall be substituted.

In Article 1 of Schedule II of the principal Act -

(a) in the third column opposite Clause (a), for the word "one anna" the words "two annas" shall be substituted;

(b) in the third column opposite Clause (b), for the words "eight annas" the words "in the case of a criminal complaint and appeal one rupee and in other cases twelve annas" shall be substituted;

(c) in the third column opposite Clause (c), for the words "one rupee" the words "one rupee eight annas" shall be substituted;

(d) in the second and third columns, for Clause (d) and the words opposite the said clause the following shall be substituted :

"(d)     (i) When presented to a High Court under section 115 of the Code of Civil Procedure, 1908 (V of 1908) for revision of an order-

(a) when the value of the suit or proceedings to which the order relates does not exceedone thousand rupees	Five rupees.
(b) when the value of the suit or proceeding exceeds on thousand rupees	Ten rupees.
(ii) when presented to a High Court otherwise than under that section	Two rupees."

 

In the third column of Article 1-A of Schedule II of the principal Act, for the words "twelve annas" the words "one rupee" shall be substituted.

In Article 10 of Schedule II of the principal Act -

in the third column -

(i) for the words 'eight annas" the words "one rupee" shall be substituted;

(ii) for the words "one rupee" the words "two rupees" shall be substituted;

(iii) for the words 'two rupees" "three rupees" shall be substituted.

In Article 11 of Schedule II of the principal Act -

(a) for the entry in the first column, the following entry shall be substituted:

"Memorandum of appeal when the appeal is from an order inclusive of an order determining any question under Section 47 or Section 144 of the Code of Civil Procedure (V of 1908) and is presented."

(b) in the third column -

(i) for the words 'eight annas" the words "one rupee" shall be substituted;

(ii) for the words "two rupees" the words "four rupees" shall be substituted.

In the third column in Article 12 of schedule II of the Principal Act, for the words "five rupees" the words "ten rupees" shall be substituted.

In the third column in Article 14 of Schedule II of the principal Act, for the words "five rupees" the words "ten rupees" shall be substituted.

For Article 17 of Schedule II of the principal Act the following two Articles shall be substituted :

"17. Plaint of memorandum of appeal in a suit -
(i) to alter or set aside a summary decision or order of any of the Civil Courts not established by Letter Patent or of any Revenue Court,			Fifteen rupees.
(ii) to alter or cancel any entry in a register of the names of the proprietors of revenue-paying estates,			Fifteen rupees.
(iii) for relief under Section 14 of the religious Endowments Act, 1863 (XX of 1863), or under Section 91 or Section 92 of the code of Civil Procedure, 1908, (V of 1908).			Fifteen rupees.
"17-A. Plaint or memorandum of appeal in every suit where it is not possible to estimate at a money value the subject-matter in dispute and which is not otherwise provided for by this Act.		When the plant is presented to, or the memorandum of appeal is against the decree of-
		(a) a Revenue Court in the district of Ganjam or Koraput;		Ten rupees
		(b) any other Revenue Court, or any Court of a District Judge, Subordinate Judge or Munsif.		Fifteen rupees if the value for purposes of jurisdiction does not exceed four thousand rupees ; one hundred rupees if such value exceeds four thousand rupees."

 

In Article 18 of Schedule II of the principal Act -

(a) for the entry in the first column, the following entry shall be substituted:

"Application under paragraph 17 or paragraph 20 of the Second Schedule to the Code of Civil Procedure, 1908 (V of 1908)";

(b) in the third column for the words "ten rupees" the words "fifteen rupees" shall be substituted.

In the third column in Article 19 of Schedule II of the principal Act, for the words "ten rupees" the words "fifteen rupees" shall be substituted.

In the third column in Article 20 of Schedule II of the principal Act for the words "twenty rupees" the words "thirty rupees" shall be substituted.

In the column in Article 21 of Schedule II of the principal Act, for the words "twenty rupees" the words "thirty rupees" shall be substituted.

Province, year and number (1)	Title (2)	Extent of Repeal (3)
Bihar and Orissa Act 1 of 1922	Bihar and Orissa Court-fees (Amendment) Act, 1922	The whole Act, except Sections 6, 9,10, and 13
Madras Act V of 1922	Madras Court-fees (Amendment) Act, 1922	The whole Act, except Section 11 in respect of Articles 11 and 12 of Schedule I
Central Provinces Act XVI of 1935	Court-fees (Central Provinces Amendment) Act, 1935	The whole Act, except Section 4 (e)
(a) Table of rates of ad valorem fees livable on plaints etc. mentioned in Article 1 of Schedule I

 

When the amount or value of the subject-matter exceeds	But does not exceed	Proper fee [Expressed in terms of Naye paise by the Court-fees (Orissa Amendment) Act, 1958 (Orissa Act 16 of 1958).]
(1)	(2)	(3)
Rs.	Rs.	Rs. nP.
...	5	0.35
5	10	0.75
10	15	1.10
15	20	1.50
20	25	1.85
25	30	2.25
30	35	2.60
35	40	3.00
40	45	3.35
45	50	3.75
50	55	4.10
55	60	4.50
60	65	4.85
65	70	5.25
70	75	5.60
75	80	6.00
80	85	6.35
85	90	6.75
90	95	7.10
95	100	7.50
100	110	8.50
110	120	9.50
120	130	10.50
130	140	11.50
140	150	12.50
150	160	13.50
160	170	14.50
170	180	15.50
180	190	16.50
190	200	17.50
200	210	18.50
210	220	19.50
220	230	20.50
230	240	21.50
240	250	22.50
250	260	23.50
260	270	24.50
270	280	25.50
280	290	26.50
290	300	27.50
300	310	28.50
310	320	29.50
320	330	30.50
330	340	31.50
340	350	32.50
350	360	33.50
360	370	34.50
370	380	35.50
380	390	36.50
390	400	37.50
400	410	38.50
410	420	39.50
420	430	40.50
430	440	41.50
440	450	42.50
450	460	43.50
460	470	44.50
470	480	45.50
480	490	46.50
490	500	47.50
500	510	48.60
510	520	49.75
520	530	50.85
530	540	52.00
540	550	53.10
550	560	54.25
560	570	55.35
570	580	56.50
580	590	57.60
590	600	58.75
600	610	59.85
610	620	61.00
620	630	62.10
630	640	63.25
640	650	64.35
650	660	65.50
660	670	66.60
670	680	67.75
680	690	68.85
690	700	70.00
700	710	71.10
710	720	72.25
720	730	73.35
730	740	74.50
740	750	75.60
750	760	76.75
760	770	77.85
770	780	79.00
780	790	80.10
790	800	81.25
800	810	82.35
810	820	83.50
820	830	84.60
830	840	85.75
840	850	86.85
850	860	88.00
860	870	89.10
870	880	90.25
880	890	91.35
890	900	92.50
900	910	93.60
910	920	94.75
920	930	95.85
930	940	97.00
940	950	98.10
950	960	99.25
960	970	100.35
970	980	101.50
980	990	102.60
990	1.000	103.75
1,000	1,100	111.25
1,100	1,200	118.75
1,200	1,300	126.25
1,300	1,400	133.75
1,400	1,500	141.25
1,500	1,600	148.75
1,600	1,700	156.25
1,700	1,800	163.75
1,800	1,900	171.25
1,900	2,000	178.75
2,000	2,100	186.25
2,100	2,200	193.75
2,200	2,300	201.25
2,300	2,400	208.75
2,400	2,500	216.25
2,500	2,600	223.75
2,600	2,700	231.25
2,700	2,800	238.75
2,800	2,900	246.25
2,900	3,000	253.75
3,000	3,100	261.25
3,100	3,200	268.75
3,200	3,300	276.25
3,300	3,400	283.75
3,400	3,500	291.25
3,500	3,600	298.75
3,600	3,700	306.25
3,700	3,800	313.75
3,800	3,900	321.25
3,900	4,000	328.75
4,000	4,100	336.25
4,100	4,200	343.75
4,200	4,300	351.25
4,300	4,400	358.75
4,400	4,500	366.25
4,500	4,600	373.75
4,600	4,700	381.25
4,700	4,800	388.75
4,800	4,900	396.25
4,900	5,000	403.75
5,000	5,100	411.25
5,100	5,200	418.75
5,200	5,300	426.25
5,300	5,400	433.75
5,400	5,500	441.25
5,500	5,600	448.75
5,600	5,700	456.25
5,700	5,800	463.25
5,800	5,900	471.25
5,900	6,000	478.75
6,000	6,100	486.25
6,100	6,200	493.75
6,200	6,300	501.25
6,300	6,400	508.75
6,400	6,500	516.25
6,500	6,600	523.75
6,600	6,700	531.75
6,700	6,800	538.75
6,800	6,900	546.25
6,900	7,000	553.75
7,000	7,100	561.25
7,100	7,200	568.75
7,200	7,300	576.25
7,300	7,400	583.75
7,400	7,500	591.25
7,500	7,750	596.25
7,750	8,000	621.25
8,000	8,250	636.25
8,250	8,500	651.25
8,500	8,750	666.25
8,750	9,000	681.25
9,000	9,250	696.25
9,250	9,500	711.25
9,500	9,750	726.25
9,750	10,000	741.25
10,000	10,500	763.75
10,500	11,000	786.25
11,000	11,500	80.8.75
11,500	12.000	831.25
12,000	12,500	853.75
12,500	13,000	876.25
13,000	13,500	898.75
13,500	14,000	921.25
14,000	14,500	943.75
14,500	15,000	966.25
15,000	15,500	988.75
15,500	16,000	1,011.25
16,000	16,500	1,033.75
16,500	17,000	1,056.25
17,000	17,500	1,078.75
17,500	18,000	1,101.25
18,000	18,500	1,123.75
18,500	19,000	1,146.25
19,000	19,500	1,168.75
19,500	20.000	1,191.25
20,000	21,000	1,221,25
21,000	22,000	1,251.25
22,000	23,000	1,281.25
23,000	24,000	1,311.25
24,000	25,000	1,341.25
25,000	26,000	1,371.25
26,000	27,000	1,401.25
27,000	28,000	1,431.25
28,000	29,000	1,461.25
29,000	30,000	1,491.25
30,000	32,000	1,521.25
32,000	34,000	1,551.25
34,000	36,000	1,581.25
36,000	38,000	1,611.25
38,000	40,000	1,641.25
40,000	42,000	1,671.25
42,000	44,000	1,701.25
44,000	46,000	1,731.25
46,000	48,000	1,761.25
48,000	50,000	1,791.25

 

When the amount or value exceeds Rs. 50.000 for every five thousand rupees or part thereof in excess of fifty thousand rupees thirty-seven rupees fifty naya paise.

(b) Table of rates of ad valorem fees leviable on plaints etc., mentioned in Article 3 of Schedule I.

When the amount or value of the subject-matter exceeds (1)	But does not exceed (2)	Proper fee* (3)
Rs.	Rs.	Rs. nP.
...	5	.0.35
5	10	0.75
10	15	1.10
15	20	1.50
20	25	1.85
25	30	2.25
30	35	2.60
35	40	3.00
40	45	3.35
45	50	3.75
50	55	4.10
55	60	4.50
60	65	4.85
65	70	5.25
70	75	5.60
75	80	6.00
80	85	6.35
85	90	6.75
90	95	7.10
95	100	7.50
100	110	8.25
110	120	9.00
120	130	9.75
130	140	10.50
140	150	11.25
150	160	12.00
160	170	12.75
170	180	13.50
180	190	14.25
190	200	15.00
200	210	15.75
210	220	16.50.
220	230	17.25
230	240	18.00
240	250	18.75
250	260	19.50
260	270	20.25
270	280	21.00
280	290	21.75
290	300	22.50
300	310	23.25
310	320	24.00
320	330	24.75
330	340	25.50
340	350	26.25
350	360	27.00
360	370	27.75
370	380	28.50
380	390	29.25
390	400	30.00
400	410	30.75
410	420	31.50
420	430	32.25
430	440	33.00
440	450	33.75
450	460	34.50
460	470	35.50
470	480	36.00
480	490	36.75
490	500	37.50