Andhra Pradesh Court-Fees and Suits Valuation Act, 1956

Andhra Pradesh Court-Fees and Suits Valuation Act, 19561

[Act, No. 7 of 1956]

Preamble

An Actto amend and consolidate the law relating to Court fees and Valuation of suitsin the 2 [State of Andhra Pradesh].

WHEREAS it is necessary andexpedient to amend and consolidate the law relating to Court fees and Valuationof suits in the State of Andhra Pradesh.

Be it enacted in the Seventh yearof the Republic of India as follows.

Footnotes:

1. Received the assent ofthe President on the 16th March, 1956. published at page 53 of Andhra Gazette,Part IV B, dated 22nd March, 1956 and title substituted by A.P. Act IX of 1961.

   This Act was extended to theterritories specified in sub-section (1) of Section 8 of the StatesReorganisation Act, 1956 (Central Act 87 of 1956) by Section 2 of the AndhraPradesh Court fees and Suits Valuation (Amendment) Act, 1958 (Andhra Pradesh ActIV of 1958), repealing the corresponding law in force in those territories.

2. Substituted for the words "stateof Andhra" by Sec. 8 of IV of 12958 (w.e.f. 1-4-1958).

   Chapter: I - PRILIMINARY

   Section 1 - Short title, extent and commencement

   (1) This Act may be called the1[Andhra Pradesh Court fees and Suits Valuation Act, 1956].

   2[(2) It extends to the whole of the State of Andhra Pradesh].

   (3) It shall come into force on such date as the State Government may, by notification in the3[Andhra Pradesh Gazette] appoint.

   Footnotes:

   1. Subs. for the original short title by the First Schedule to the Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Act IX of 1961).

   2. Subs. for the original sub-section by Section 4 of the Andhra Pradesh Court-fees and Suit Valuation (Amendment) Act, 1958 (Act IV of 1958).

   3. Substituted for the words "Andhra Gazette" by the Andhra Pradesh Adaptation of Laws Order, 1957.

   Section 1 - Short title, extent and commencement

   (1) This Act may be called the1[Andhra Pradesh Court fees and Suits Valuation Act, 1956].

   2[(2) It extends to the whole of the State of Andhra Pradesh].

   (3) It shall come into force on such date as the State Government may, by notification in the3[Andhra Pradesh Gazette] appoint.

   Footnotes:

1. Subs. for the original short title by the First Schedule to the Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Act IX of 1961).

2. Subs. for the original sub-section by Section 4 of the Andhra Pradesh Court-fees and Suit Valuation (Amendment) Act, 1958 (Act IV of 1958).

3. Substituted for the words "Andhra Gazette" by the Andhra Pradesh Adaptation of Laws Order, 1957.

   Section 2 - Application of Act

   (1) The provisions of this Act shall not apply to documents presented or to be presented before an officer serving under the Central Government.

   (2) The provisions of this Act relating to the levy of fee shall be subject to the provisions of any other law relating to the levy of fee in respect of proceedings under such law.

   Section 3 - Definitions

   In this Act, unless the context otherwise requires:--

   (i) "Appeal" includes a cross objection;

   (ii) "Court" means any Civil, Revenue or Criminal Court and includes a Tribunal or other authority having jurisdiction under any special or local law to decide questions affecting the rights of parties;

   (iii) "prescribed" means prescribed by rules made under this Act; and

   (iv) expressions used and not defined in this Act or in the1[Andhra Pradesh] General Clauses Act, 1891 (Act 1 of 1891), but defined in the Code of Civil Procedure, 1908 (Central Act V of 1908), shall have the meanings respectively assigned to them in the said Code.

   Footnotes:

1. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Act IX of 1961).

   Chapter: II - LIABILITY TO PAY FEE

   Section 4 - Levy of fee in Courts and Public Offices

   No document which is chargeable with fee under this Act shall--

   (i) be filed, exhibited or recorded in, or be acted on or furnished by, any court including the High Court; or

   (ii) be filed, exhibited or recorded in any public office, or be acted on or furnished by any public officer, except on payment of the fee chargeable in respect of such document under this Act:

   Provided that a document in respect of which the proper fee has not been paid may be filed or exhibited in a Criminal Court if the court deems it necessary in the interests of justice to do so.

   Section 5 - Collection of proper fee on documents

   When a document on which the whole or any part of the fee payable under this Act has not been paid is produced or received in any Court or Public Office, the court or the head of the office may, at any time, direct the person by whom such fee is payable to pay the fee or part thereof, as the case may be within such time as may be fixed; and upon such payment, the document shall be dealt with as if the full fee had been paid in the first instance.

   Section 6 - Multifarious suits

   (1) In any suit in which separate and distinct reliefs based on the same cause of action are sought, the plaint shall be chargeable with a fee on the aggregate value of the reliefs:

   Provided that, if a relief sought is only ancillary to the main relief, the plaint shall be chargeable only on the value of the main relief.

   (2) Where more reliefs than one based on the same cause of action are sought in the alternative in any suit, the plaint shall be chargeable with the highest of the fees leviable on the reliefs.

   (3) (a) Where a suit is based on two or more distinct and different causes of action and separate reliefs are sought in respect thereof, either alternatively or cumulatively, the plaint shall be chargeable with the aggregate amount of the fees that would be chargeable on the plaints under this Act if separate suits were instituted in respect of the several causes of action:

   Provided that, where the causes of action in respect of reliefs claimed alternatively against the same person arise out of the same transaction, the plaint shall be chargeable only with the highest of the fees chargeable on them.

   (b) Nothing in this sub-section shall be deemed to affect any power conferred upon a court by Rule 6 of Order II in the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908).

   (4) The provisions of this section shall apply mutatis mutandis to memorandum of appeals, applications, petitions and written statements.

   Explanation:-- For the purpose of this section, a suit for possession of immovable property and for mesne profits therefrom shall be deemed to be based on the same cause of action.

   Section 7 - Determination of market value

   Save as otherwise provided, where the fee payable under this Act depends on the market value of any property, such value shall be determined as on the date of presentation of the plaint.

   Section 8 - Set off or counter claim

   A written statement pleading a set off or counter claim shall be chargeable with fee in the same manner as a plaint.

   Section 9 - Documents falling under two or more descriptions

   A document falling within two or more descriptions in this Act shall, where the fees chargeable thereunder are different, be chargeable only with the highest of such fees:

   Provided that, where one of such descriptions is special and another general, the fee chargeable shall be the fee appropriate to the special description.

   Chapter: III - DETERMINATION OF FEE

   Section 10 - Statement of particulars of subject matter of a suit and plaintiff's valuation thereof

   In every suit in which the fee payable under this Act on the plaint depends on the market value of the subject matter of the suit, the plaintiff shall file with the plaint, a statement in the prescribed form, of particulars of the subject matter of the suit and his valuation thereof unless such particulars and the valuation are contained in the plaint.

   Section 11 - Decision as to proper fee

   (1) (a) In every suit the court shall, before ordering the plaint to be registered, decide on the allegations contained in the plaint and on the materials furnished by the plaintiff the proper fee payable thereon.

   (b) The decision of the court under clause (a) regarding the proper fee payable shall be subject to review, from time to time, as occasion requires.

   (2) Any defendant may plead that the subject matter of the suit has not been properly valued or that the fee paid is not sufficient. All questions arising on such pleas shall be heard and decided before the hearing of the suit as contemplated by Order XVIII in the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908). If the court decides that the subject matter of the suit is not properly valued or that the fee paid is not sufficient, the court shall fix a date before which the subject matter of the suit shall be valued in accordance with the court's decision and the deficit fee shall be paid. If within the time allowed, the subject matter of the suit is not valued in accordance with the court's decision or if the deficit fee is not paid, the plaint shall be rejected and the court shall pass such order as it deems just regarding costs of the suit.

   (3) (a) A Court of Appeal, in which an appeal is filed, may, either of its own motion or on the application of any party, consider the correctness of any order passed by the lower court regarding the fee payable on the plaint or written statement or in any other proceeding in the lower court and determine the proper fee payable thereon.

   Explanation:-- (a) The power exercisable by a Court of Appeal under this clause shall be exercisable even if the appeal relates only to a part of the subject-matter of the suit.

   (b) If the Court of Appeal decides that the fee paid in the lower Court is not sufficient, the court shall require the party liable to pay the deficit fee within such time as may be fixed by it.

   (c) If the deficit fee is not paid within the time fixed and the default is in respect of a relief which has been dismissed by the lower court...