COURTFEES ACT, 1870
COURTFEES ACT, 1870
Last Updated: 18700311
Contents
1 SHORT TITLE
1 A DEFINITION OF APPROPRIATE GOVERNMENT
2 Rep. by A. 0., 1937
3 LEVY OF FEES IN HIGH COURTS ON THEIR ORIGINAL SIDES
4 FEES ON DOCUMENTS FILED, ETC, IN HIGH COURTS IN THEIREXTRAORDINARY JURISDICTION;
5 PROCEDURE IN CASE OF DIFFERENCE AS TO NECESSITY OR AMOUNTOF FEE
6 FEES ON DOCUMENTS FILED, ETC, IN MUFASSAL COURTS OR INPUBLIC OFFICES
7 COMPUTATION OF FEES PAYABLE IN CERTAIN SUITS FOR MONEY
8 FEE ON MEMORANDUM OF A APPEAL AGAINST ORDER RELATING TOCOMPENSATION
9 POWER TO ASCERTAIN NET PROFITS OR MARKETVALUE
10 PROCEDURE WHERE NET PROFITS OR MARKETVALUE WRONGLYESTIMATED
11 PROCEDURE IN SUITS FOR MESNE PROFITS OR ACCOUNT WHENAMOUNT DECREED EXCEEDS AMOUNT CLAIMED:
12 DECISION OF QUESTION AS TO VALUATION
13 FEE PAID ON MEMORANDUM OF APPEAL
14 REFUND OF FEE ON APPLICATION FOR REVIEW OF JUDGMENT
15 REFUND WHERE COURT REVERSES OR MODIFIES ITS FORMERDECISION ON GROUND OF MISTAKE
16 ADDITIONAL FEE WHERE RESPONDENT TAKES OBJECTION TOUNAPPEALED PART OF DECREE
17 MULTIFARIOUS SUITS
18 WRITTEN EXAMINATIONS OF COMPLAINTS
19 EXEMPTION OF CERTAIN DOCUMENTS
19 A RELIEF WHERE TOO HIGH A COURTFEE HAS BEEN PAID
19 B RELIEF WHERE DEBTS DUE FROM A DECEASED PERSON HAVE BEENPAID OUT OF HIS ESTATE
19 C RELIEF IN CASE OF SEVERAL GRANTS
19 D PROBATES DECLARED VALID AS TO TRUSTPROPERTY THOUGH NOTCOVERED BY COURT FEE
19 E PROVISION FOR CASE WHERE TOO LOW A COURT FEE HAS BEEN PAID ON PROBATES, ETC
19 F ADMINISTRATOR TO GIVE PROPER SECURITY BEFORE LETTERSSTAMPED UNDER SECTION 19E
19 G EXECUTORS ETC, NOT PAYING FULL COURTFEE ON PROBATES,ETC, WITHIN SIX MONTHS AFTER DISCOVERY OF UNDER PAYMENT
19 H NOTICE OF APPLICATIONS FOR PROBATE OR LETTERS OF ADMINISTRATION TO BE GIVEN TO REVENUE AUTHORITIES, AND PROCEDURE THEREON
19 I PAYMENT OF COURTFEES IN RESPECT OF PROBATES AND LETTERSOF ADMINIS TRATION
19 J RECOVERY OF PENALTIES ETC
19 K SECTIONS 6 AND 28 NOT TO APPLY TO PROBATE OR LETTERS OFADMINISTRATION
20 RULES AS TO COST OF PROCESSES
21 TABLES OF PROCESSFEE
22 NUMBER OF PEONS IN DISTRICT AND SUBORDINATE COURTS
23 NUMBER OF PEONS IN REVENUE COURT
24 PROCESS SERVED UNDER THIS CHAPTER TO BE HELD TO BEPROCESS WITHIN MEANING OF CODE OF CIVIL PROCEDURE
25 COLLECTION OF FEES BY STAMPS
26 STAMPS TO BE IMPRESSED OR ADHESIVE
27 RULES FOR SUPPLY NUMBER, RENEWAL AND KEEPING ACCOUNTSOF STAMPS
28 STAMPING DOCUMENTS INADVERTENTLY RECIEVED
29 AMENDED DOCUMENT
30 CANCELLATION OF STAMP
31 REPAYMENT OF FEES PAID ON APPLICATIONS TO CRIMINAL COURTS
32 AMENDMENT OF ACT VIII OF 1859 AND ACT IX OF 1869
33 ADMISSION IN CRIMINAL CASES OF DOCUMENTS OR WHICH PROPERFEE HAS NOT BEEN PAID
34 SALE OF STAMPS
35 POWER TO REDUCE OR REMIT FEES
35 A VARIATION OF RATES
36 SAVING OF FEES TO CERTAIN OFFICERS OF HIGH COURTS
SCHEDULE I .
SCHEDULE II .
1THE COURTFEES ACT, 18702
*3Act No. VII of 1870
[11th March,1870]
CHAPTER I
PRELIMINARY
1. Short title. This Act may be called the Courtfees Act, 1870.
Extent of Act. It extends to 4[the whole of Pakistan].
Commencement of Act. And it shall come into force on the first day of April, 1870.
5[1A. Definition of “Appropriate Government”. In this Act "the Appropriate Government" means, in relation to fees or stamps relating to documents presented or to be presented before any officer serving under the 6[Federal Government,] that Government, and in relation to any other fees or stamps, the Provincial Government.]
1This Act has also been amended in its application in the province of Sindh by Sindh Ordinance No.XIII of 1978 and Sindh Ordiance 1 of 1984. 2 This Act has also been amended in its application to the province of N.W.F.P. by (1) N.W.F.P.Ord.IV of 1978.(2) N.W.F.P.Ord.XVII of 1980 (3) N.W.F.P. Ord.IV of 1982 (4) N.W.F.P.Ord.IV of 1984. This Act has further been amended in its application to the province of Baluchistan by Baluchistan Ord. III of 1984.
*The Punjab Notification No.5487/78/1809StI, dated 29th July, 1978 has further been amended by the Punjab Notification No.55380/248stI, please see Punjab Gazette Extraordinary, 1980 Page 222, dated the 4th February, 1980.
3For Statement of Objects and Reasons. see Gazette of India, 1869. Pt. V, p. 57; for Proceedings in Council. see ibid., 1869. Supplement, pp. 1179 and 1452 ; ibid., 1870, Supplement, pp. 52, 378, 421, 427 and 434. For abolition of courtfees in 'criminal cases' and in 'civil suits' involving amounts not exceeding twentyfive thousand rupees. see Sind Ordinance 13 of 1978; N.W.F.P.Ordinance 14 of 1978; Government of Baluchistan Notification No.510/77Admn: Law/1684, dated the 27th July, 1978 (Baluchistan Gazette, Ext. 1978,Issue No. 59); and Govt. of the Punjab Notification No. 548778/1809StI, dated the 29th July, 1978 (Punjab Gazette, Ext__ 1978, p. 1097). The Act has been locally amended in the Provinces. For amending enactment, see the respective local Codes. It has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913). s. 3. It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N. W.F.P, subject to certain modifications; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. The Act as in force in the NorthWest Frontier Province immediately before the commencement of N.W.F.P., Regulation No. II of 1974. has been applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalan, Swat and Malakand Protected Area, by the N.W.F.P.. Regulation No. II of 1974, s.3. The Act has been amended in its application to the Province of Punjab, by Punjab Act XIV of 1973. s. 8. The Act has also been amended in its application to the Province of Sind by Sind Act XV of 1975. s. 2. It has been extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area with effect from the 1st June 1951. see N.W.F.P. Gazette. Extraordinary, dated 161951. The Act has been amended in its application to the Province of Sind. see Sind., Act No. X of 1939. It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws Order, 1950 (G.G.O 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. *This Act has also been amended in its application to the province of Punjab by Punjab Ordinance XIV of 1981 and Ordinance X of 1983. 4Subs. by the Central Laws (Statute Reform) Ordinance. 1960 (21 of 1960), s. 3 and 2nd Sch.(with effect from the 14th October, 1955). for" all the Provinces and the Capital of the Federation" which was previously subs. for "the whole of British India" by A. 0., 1949, Arts. 3(2) and 4. 5Section lA ins. by A. 0.. 1937. The expression “Appropriate Govt." occurs in ss. 26, 27, 34 and 35. 6Subs. by F. A. 0.,1975, Art. 2 and Table.
12. ["Chief Controlling Revenueauthority" defined.] Rep. byA. 0., 1937.
CHAPTER II
FEES IN THE HIGH COURTS 2* * *
3. Levy of fees in High Courts on their original sides. The fees payable for the time being to the clerks and officers (other than the sheriffs and attorneys) of the 3[High Courts];
or chargeable in each of such Courts under No. 11 of the first, and Nos.7, 12, 14, 4*,20 and 21 of the second schedule to this Act annexed ;
5* * * * * * *
shall be collected in manner hereinafter appearing.
4. Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction; No document of any of the kinds specified in the first or second schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the 6* High Courts in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction;
or in the exercise of its extraordinary original criminal jurisdiction;
in their appellate jurisdiction; or in the exercise of its jurisdiction as regards appeals from the 7[judgment (other than judgments passed in the exercise of the ordinary original Civil Jurisdiction of the Court) of one] or more Judges of the said Court, or of a division Court;
or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;
As Courts of reference and revision. or in the exercise of its jurisdiction as a Court of reference or revision;
1The original s. 2 relating to repeal of enactments was rep. by the Repealing Act, 1870 (14 of 1870). A section defining "Chief Controlling Revenue authority" was added by s. 2 of the Courtfees (Amendment) Act, 1901 (10 of 1901), and was slightly amended by the Repealing and Amending Act, 1917 (24 of 1917). For the definition of the "Chief Controlling Revenueauthority" see now the General Clauses Act, 1897 (10 of 1897), s. 3 (9a). 2The 'words "AND IN THE COURTS OF SMALL CAUSES AT THE PRESIDENCY TOWNS" omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). 3The original words and figures as amended by the Repealing and Amending Act, 1917 (24 of 1917), s. 2 and 1st Sch. and A. 0., 1937, have successively been amended by A. 0., 1949, Sch. and Ordinance 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above. 4The number "16" rep. by the Amending Act, 1891 (12 of 1891). 5The words "and the fees for the time being chargeable in the Courts of Small Causes at the Presidencytowns, and their several offices" omitted by A. 0., 1949, Sch. 6The word "said" omitted by Ordinance 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955). 7Subs. by the Courtfees (Amendment) Act, 1922 (19 of 1922), s. 2. for judgment of two.
unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee for such document.
5. Procedure in case of difference as to necessity or amount of fee. When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the 1* High Courts, be referred to the taxingofficer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf.
2* * * * * * *
The Chief Justice shall declare who shall be taxingofficer within the meaning of the first paragraph of this section.
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CHAPTER III
FEES IN OTHER COURTS AND IN PUBLIC OFFICES
6. Fees on documents filed, etc., in Mufassal Courts or in public offices. Except in the Courts hereinbefore mentioned, no document of any of the kinds specified as chargeable in the first or second schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee for such document.
7. Computation of fees payable in certain suits for money. The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:
i. In suits for money (Including suits for damages or compensation, or arrears of maintenance of annuities, or of other sums payable periodically)—according to the amount claimed:
ii. for maintenance and annuities. In suits for maintenance and annuities or other sums payable periodicallyaccording to the value of the subjectmatter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year:
iii. for moveable property having a market value; In suits for moveable property other than money, where the subjectmatter has a marketvalueaccording to such value at the date of presenting the plaint:
1The word "said" omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). 2The original paragraph omitted ibid. (with effect from the 14th October, 1955).
iv. In suits—
(a) for moveable property of no marketvalue; for moveable property where the subject matter has no marketvalue, as, for instance, in the case of documents relating to title,
(b) to enforce a right to share in joint family property; to enforce a right to share in any property on the ground that it is joint family property,
(c) for a declaratory decree and consequential relief; to obtain a declaratory decree or order, where consequential relief is prayed,
(d) for an injunction; to obtain an injunction,
(e) for easement; for a right to some benefit (not herein otherwise provided for) to arise out of land, and
(f) or accounts; for accounts—
according to the amount at which the relief sought is valued in the plaint or memorandum of appeal:
in all such suits the plaintiff shall state the amount at which he values the relief sought,
1 * * * :
v. for possession of lands, houses and gardens; In suits for the possession of land, houses and gardens—
according to the value of the subjectmatter ; and such value shall be deemed to be__
where the subjectmatter is land, and—
(a) Where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government,
or forms part of such an estate and is recorded in the Collector's register as separately assessed with such revenue,
and such revenue is permanently settled—ten times the revenue so payable:
(b) Where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such estate and is recorded as aforesaid;
and such revenue is settled, but not permanently five times the revenue so payable:
(c) where the land pays no such revenue, or has been partially exempted from such payment, or is charged with any fixed payment in lieu of such revenue,
1The words "and the provisions of the Code of Civil Procedure, section thirtyone, shall apply as if, for the word 'claim', the words 'relief sought; were substituted" rep. by the Amending Act, 1891 (12 of 1891).
and net profits have arisen from the land during the year next before the date of presenting the plaint___
fifteen times, such net profits:
but where no such nett profits have arisen therefrom___ the amount at which the Court shall estimate the land with reference to the value of similar land in the neighbourhood:
(d) where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and is not separately assessed as abovementionedthe marketvalue of the land:
[Proviso as to Bombay Presidency.] Omitted by A. O.,1949, Schedule.
Explanation. The word "estate" as used in this paragraph means any land subject to the payment of revenue, for which the proprietor or farmer or raiyat shall have executed a separate engagement to Government, or which, in the absence of such engagement, shall have been separately assessed with revenue:
(e) for houses and gardens; where the subjectmatter is a house or garden according to the marketvalue of the house or garden:
vi. to enforce a right of preemption; In suits to enforce a right of preemption according to the value (computed in accordance with paragraph v of this section) of the land, house or garden in respect of which the right is claimed :
vii. for interest of assignee of landrevenue; In suits for the interest of an assignee of landrevenue fifteen times his net profits as such for the year next before the date of presenting the plaint:
viii. to set aside an attachment; In suits to set aside an attachment of land or of an interest in land or revenueaccording to the amount for which the land or interest was attached:
Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest.
ix. to redeem; In suits against a mortgagee for the recovery of the property mortgaged,
to foreclose; and in suits by a mortgagee to foreclose the mortgage,
or, where the mortgage is made by conditional sale, to have the sale declared absolute—
according to the principal money expressed to be secured by the instrument of mortgage.
x. for specific performance; In suits for specific performance—
(a) of a contract of sale__according to the amount of the consideration:
(b) of contract of mortgage__according to the amount agreed to be secured :
(c) of a contract of lease___according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term:
(d) of an award__according to the amount or value of the property in dispute:
xi. between landlord and tenant. In the following suits between landlord and tenant :__
a. for the delivery by a tenant of the counterpart of a lease,
b. to enhance the rent of a tenant having a right of occupancy,
c. for the delivery by a landlord of a lease,
1(cc) for the recovery of immoveable property from a tenant, including a tenant holding over after the determination of a tenancy,
d. to contest a notice of ejectment,
e. to recover the occupancy of 2[immoveable property] from which a tenant has been illegally ejected by the landlord, and
f. for abatement of rent__
according to the amount of the rent of the 2[immoveable property] to which the suit refers payable for the year next before the date of presenting the plaint.
3[xii. In suits not expressly provided for in this section, according to the value claimed, but such value shall not be less than a value which would attract a Courtfee of less than fifteen rupees.]
8. Fee on memorandum of appeal against order relating to compensation. The amount of fee payable udder this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the 4acquisition of land for public purposes shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.
9. Power to ascertain net profits or marketvalue. If the Court sees reason to think that the annual net profits or the marketvalue of any such land, house or garden as is mentioned in section 7, paragraphs 5 and 6, have or has been wrongly estimated, the Court may, for the purpose of computing the fee payable
1Ins. By the Courtfee (Amendment) Act, 1905 (6 of 1905), s.2(1). 2Subs. ibid., s. 2(2), for “land”. 3Added by the Courtfees (Amendment) Ordinance, 1962 (52 of 1962), section 2. 4See now the Land acquisition Act, 1894 (1 of 1894).
in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the Court.
10. Procedure where net profits or marketvalue wrongly estimated.__ i.If in the result of any such investigation the Court finds that the net profits or marketvalue have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much additional fee as would have been payable had the said marketvalue or net profits been rightly estimated.
ii. In such case the suit 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 suit shall be dismissed.
1* * * * * * *
2[11.(1)] Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed: In suits for mesne profits or for immoveable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer.
Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until 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 suit shall be dismissed.
3[(2) Refund where amount decreed is less than amount claimed. Where in any such suit as is referred to in subsection (1) the Courtfee paid is found to be in excess of the amount of fee which would be payable if the suit had been valued at the amount decreed, the decreeholder shall be entitled to the refund of the excess of Courtfee paid by him.]
12.__i.Decision of question as to valuation. Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this chapter on a plaint or memorandum of appeal shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit.
1Clause (Ill) rep. by the Amending Act, 1891 (12 of 1891). The clause was as follows :__"Section 180 of the Code of Civil Procedure shall be construed as if the words the market value of any property or' were inserted after the word 'ascertaining,' and as if the words 'or annual net profits' wer inserted after the word 'damages'.". 2Section 11 was renumbered as subsection (1) of that section by the Courtfees (Amendment) Ordinance. 1962 (52 of 1962), s. 3. 3Added, ibid.
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 to the detriment of the revenue, it shall 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 the provisions of section 10, paragraph ii, shall apply.
13. Fee paid on memorandum of appeal. If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the l[Code of Civil Procedure, 1908 (Act V of 1908)], is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in 2[rule 23 of Order XLI of the First Schedule to the said Code] for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal :
Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subjectmatter of the suit, the certificate so granted shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subjectmatter in respect whereof the suit has been remanded.
14. Refund of fee on application for review of judgment. Where an 3application for a review of judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before 4such day.
15. Refund where Court reverses or modifies its former decision on ground of mistake. Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the 5[application] as exceeds the fee payable on any other application to such Court under the second schedule to this Act, No.1, clause (b) or clause (d).
But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.
16. [Additional fee where respondent takes objection to unappealed part of decree.] Rep. by the Code of Civil Procedure. 1908. (V of 1908).
1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3 and II Sch., for "Code of Civil Procedure", 2Subs. ibid., for "section 351 of the said Code". 3As to application for review of judgment, see the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 114 and Order XLVII of the First Schedule. 4See Sch. I, Nos. 4 and 5, infra. 5Subs. by the Courtfees Act (1870) Amendment Act, 1870 (20 of 1870), s. 1, (amending this Act), for "plaint or memorandum of appeal".
17. Multifarious suits. Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act.
Nothing in the former part of this section shall be deemed to affect the power conferred by the l [Code of Civil Procedure, 1908, (Act V of 1908)], section 9.
18. Written examinations of complaints. When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police officers may arrest without a warrant, and who has not already presented a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the 2[Code of Criminal Procedure, 1898,(Act V of 1898)] the complainant shall pay a fee of eight annas, unless the Court thinks fit to remit such payment.
19. Exemption of certain documents. Nothing contained in this Act shall render the following documents chargeable with any fee:__
i. Powerofattorney to institute or defend a suit when executed by an officer, warrant officer, noncommissioned officer or private of3[the Pakistan Army] not in civil employment.
ii. [Rep. by the Amending Act, 1891 (XII of 1891).] iii. Written statements called for by the Court after the first hearing of a suit. iv. [Rep. by the Cantonments Act, 1889 (XIII of 1889).] v. [Rep. by A. 0., 1949, Sch.] vi. [Rep. ibid.] vii. [Rep. ibid.] viii. Probate of a will, letters of administration, 4[and, save as regards debts and securities, a certificate under 5[Sind Regulation VIII of 1827], where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees.
ix. Application or petition to a Collector or other officer making a settlement of landrevenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement.
x. Application relating to a supply for irrigation of water belonging to Government. xi. Application for leave to extend cultivation, or to relinquish land, when presented to an officer of landrevenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently.
xii. Application for service of notice of relinquishment of land or of enhancement of rent.
1 Subs. by the Federal Laws (Revision and Declaration) Ordinance,1981, (27 of 1981) s. 3 and II Sch., for" Code of Criminal Procedure”. 2Subs. by the Federal Laws (Revision and Declaration) Ordinance,1981, (27 of 1981) s. 3 and II Sch., for" Code of Criminal Procedure”. 3 Subs. by A.O., 1961, Art. 2 and Sch., for" Her Majesty's army” (with effect from the 23rd March, 1956). 4 Subs. by s. 13 (2) of the Succession Certificate Act, 1889 (7 of 1889), for" and certificate mentioned in the First Schedule to this Act annexed. No. 12”. 5 Subs. by Ord. 27 of 1981, s. 3 and II Sch., for" Bombay Regulation VIII of 1827."
xiii. Written authority to an agent to distrain.
xiv. First application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court.
xv. Bailbonds in criminal cases, recognizances to prosecute or give evidence, and recognizances for personal appearance or otherwise.
xvi. [Omitted by A,O., 1949, Sch.]
xvii. Petition by a prisoner, or other person in duress or under restraint of any Court or its officers.
xviii. Complaint of a public servant (as defined in the Pakistan Penal Code) (Act XLV of 1860), a municipal officer, or an officer or servant of a Railway Company.
xix. Application for permission to cut timber in Government forests, or otherwise relating to such forests.
xx. Application for the payment of money due by Government to the applicant.
xxi. Petition of appeal 1* * * against any municipal tax.
xxii. Applications for compensation under any law for the time being in force relating to the 2acquisition of property for public purposes,
xxiii. [Omitted by A.O.,1949, Schedule.]
xxiv. 3[Petitions under the Christian Marriage Act, 1872 (XV fo 1872), sections 45 and 48.]
________
4[CHAPTER III A
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF
ADMINISTRATION.
19A. Relief where too high a Courtfee has been paid. Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased
1 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. 2 See now the Land Acquisition Act, 1894 (1 of 1894). 3 Subs. by the Indian Christian Marriage Act, 1872 (15 of 1872), s. 2, for the original clause which read as follows :__" petitions under the 14th and 15th of Victoria, Ch. 40 (an Act for marriages in India), s. 5, or under Act No. 5 of 1852, s. 9". 4 Chapter IllA ins. by s. 6 of the Probate and Administration Act, 1875 (13 of 1875).
to be of greater value than the same has afterwards proved to be, and has consequently paid too high a courtfee thereon, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenueauthority l[for the local area] in which the probate or letters has or have been granted,
and delivers to such Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation,
and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required,
the said Authority may––
(a) cancel the stamp on the probate or letters if such stamp has not been already cancelled;
(b) substitute another stamp for denoting the courtfee which should have been paid thereon; and
(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.
19B. Relief where debts due from a deceased person have been paid out of his estate. Whenever it is proved to the satisfaction of such Authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act,
such Authority may return the difference, provided the same be claimed within three years after the date of such probate or letters.
But when, by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may allow such further time for making the claim as may appear to be reasonable under the circumstances.
19C. Relief in case of several grants. Whenever 2* a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate.
Whenever such a grant has been or is made in respect of any property forming part or an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates.
lSubs. by the Courtfees (Amendment) Act, 1901 (10 of 1901), s. 3 (1), for" of the Province”. 2 The word “such” rep. by the Amending Act, 1891 (12 of 1891).
19D. Probates declared valid as to trustproperty though not covered by court fee. The probate of the will or the letters of administration of the effects of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning any moveable or immoveable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court fee was paid on such probate or letters of administration.
19E. Provision for case where too low a courtfee has been paid on probates, etc. Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a courtfee thereon, the Chief Controlling Revenueauthority 1[for the local area] in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full courtfee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of grant, of five times, or, if it or they is or are produced after one year from such date, of twenty times, such proper courtfee, without any deduction of the courtfee originally paid on such probate or letters:
Provided that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a courtfee was at first paid on the probate or letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper courtfee, the said Authority may remit the said penalty and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon.
19F. Administrator to give proper security before letters stamped under section 19E. In case of letters of administration on which too low a courtfee has been paid at first, the said Authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the Court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained.
219G. Executors, etc., not paying full courtfee on probates, etc., within six months after discovery of under payment. Where too low a courtfee has been paid on any pro bate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months 3*** after the discovery of the mistake or of any effects not known at the
1 Subs. by the Courtfees (Amendment) Act, 1901 (10 of 1901), s. 3 (1) for “of the Province”. 2 As to recovery of penalties or forfeitures under s. 19G, see s. 19J, infra. 3 The words and figures "after the first day of April 1875 or” rep. by the Amending Act. 1891 (12 of 1891).
time to have belonged to the deceased, apply to the said Authority and pay what is wanting to make up the courtfee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten rupees per cent. on the amount of the sum wanting to make up the proper courtfee.
1[19H. Notice of applications for probate or letters of administration to be given to Revenue authorities, and procedure thereon.––(1) Where an application for probate or letters of ad ministration is made to any Court other than a High Court, the Court shall cause notice of the application to be given to the Collector.
(2) Where such an application as aforesaid is made to a High Court, the High Court shall cause notice of the application to be given to the Chief Controlling Revenueauthority 2[for the local area in which the High Court is situated].
(3) The Collector within the local limits of whose revenue jurisdiction the property of the deceased or any part thereof is, may at any time inspect or cause to be inspected and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under estimated the value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as he may think fit, and, if he is still of opinion that the value of the property has been underestimated, may require the petitioner to amend the valuation.
(4) If the petitioner does not amend the valuation to the satisfaction of the Collector, the Collector may move the Court before which the application for probate or letters of administration was made, to hold an inquiry into the true value of the property :
Provided that no such motion shall be made after the expiration of six months from the date of the exhibition of the inventory required by 3[section 277 of the Indian Succession Act, 1925 (XXXIX of 1925)] 4 * * *.
(5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated. The Collector shall be deemed to be a party to the inquiry.
(6) For the purposes of any such inquiry, the Court or person authorized by the Court to hold the inquiry may examine the petitioner for probate or letters of administration on oath (whether in person or by commission), and may take such further evidence as may be produced to prove the true value of the property. The person authorized as aforesaid to hold the inquiry shall return to
1 Sections 19H, 19I, 19J, and 19K, added. by the Courtfees Amendment Act, 1899 (11 of 1899), s. 2. 2 Subs. by the Courtfees Amendment Act, 1901 (10 of 1901), s. 3 (2), for" of the Provinces". 3 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and II Sch., for" section 277 of the Indian Succession Act, 1865 ". 4 Certain words omitted. Ibid.
the Court the evidence taken by him and report the result of the inquiry, and such report and the evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accord ance with the report, unless it is satisfied that it is erroneous.
(7) The finding of the Court recorded under subsection (5) shall be final, but shall not bar the entertainment and disposal by the Chief Controlling Revenueauthority of any application under section 19E.
(8) The l[Provincial Government] may make rules for the guidance of Collectors in the exercise of the powers conferred by subsection (3).
19I. Payment of courtfees in respect of probates and letters of administration.
(1) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the Court a va1uation of the property in the form set forth in the third schedule, and the Court is satisfied that the fee mentioned in No. 11 of the first schedule has been paid on such valuation.
(2) The grant of probate or letters of administration shall not be delayed by reason of any motion made by the Collector under section 19H, subsection (4).
19J. Recovery of penalties etc.––(1) Any excess fee found to be payable on an inquiry held under section 19H, subsection (6), and any penalty or forfeiture under section 19G, may, on the certificate of the Chief Controlling Revenueauthority, be recovered from the executor or administrator as if it were an arrear of landrevenue by any Collector 2* * *.
(2) The Chief Controlling Revenueauthority may remit the whole or any part of any such penalty or forfeiture as aforesaid, or any part of any penalty under section 19E or of any courtfee under section 19E in excess of the full courtfee which ought to have been paid.
19K. Sections 6 and 28 not to apply to probate or letters of administration. Nothing in section 6 or section 28 shall apply to probates or letters of administration.]]
______ CHAPTER IV PROCESSFEES
20. Rules as to cost of processes. The High Court shall, as soon as may be, make rules as to the following matters:__
i. The fees chargeable for serving and executing processes issued by such Court in its appellate jurisdiction, and by the other Civil and Revenue Courts established within the local limits of such jurisdiction ;
1 Subs. by A.O., 1937, for " L.G.". 2The words “in any part of British India”, omitted by A. O., 1949. Sch.
ii. the fees chargeable for serving and executing processes issued by the Criminal Courts established within such limits in the case of offences other than offences for which police officers may arrest without a warrant; and
iii. the remuneration of the peons and all other persons employed by leave of a Court in the service or execution of processes.
The High Court may from time to time alter and add to the rules so made.
Confirmation and publication of rules. All such rules, alterations and additions shall, after being confirmed by the 1 [Provincial Government] 2* * * be published in the 3[official Gazette], and shall thereupon have the Force of law.
Until such rules shall be so made and published, the fees now leviable for serving and executing processes shall continue to be levied, and shall be deemed to be fees leviable under this Act.
21. Tables of processfee. A table in the English and Vernacular languages, showing the fees chargeable for such service and execution, shall be exposed to view in a conspicuous part of each Court.
22. Number of peons in district and subordinate Courts. Subject to 4rules to be made by the High Court and approved by the 1 [Provincial Government] 5 * * *,
every District Judge and every Magistrate of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court and each of the Courts subordinate thereto,
Number of peons in Mufassal Small Cause Courts. and for the purposes of this section, every Court of Small Causes established under Act No. 6[IX of 1887] 7 * * * shall be deemed to be subordinate to the Court of the District Judge.
23. Number of peons in Revenue Court. Subject to rules8 to be framed by the Chief Controlling Revenueauthority and approved by the 1 [Provincial Government] 5* * * every officer performing the functions of a Collector of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court or the Courts subordinate to him.
24. [Process served under this Chapter to be held to be process within meaning of Code of Civil Procedure.] Rep. by the Repealing and Amending Act, 1891 (XII of 1891).
1 Subs. by A. O, 1937, for " L.G.". 2The words" and sanctioned by the G.G. of India in C." rep. by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I. 3Subs. by A. O., 1937, for "local official Gazette". 4For rules made under the powers conferred by this section, see different Local Rules and Orders. 5The words" and the G.G. of India in C." rep. by Act 38 of 1920, s. 2 and Sch. I. 6Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., for" XI of 1865 ". 7Certain words omitted, ibid. 8For rules framed under this section, see different Local Rules and Orders.
CHAPTER V
OF THE MODE OF LEVYING FEES
25. Collection of fees by stamps. All fees referred to in section 3 or chargeable under this Act shall be collected by stamps.
26. Stamps to be impressed or adhesive. The stamps used to denote any fees chargeable under this Act shall be impressed or adhesive, or partly impressed and partly adhesive, as the l[Appropriate Government] may, by notification in the 2[official Gazette] from time to time direct3.
27. Rules for supply number, renewal and keeping accounts of stamps. The 4[Appropriate Government] may, from time to time, make 5rules for regulating__
(a) the supply of stamps to be used under this Act ;
(b) the number of stamps to be used for denoting any fee
chargeable under this Act;
(c) the renewal of damaged or spoiled stamps; and
(d) the keeping accounts of all stamps used under this Act:
Provided that, in the case of stamps used under section 3 in a High Court, such rules shall be made with the concurrence of the Chief Justice of such Court.
All such rules shall be published in the 6[official Gazette], and shall thereupon have the force of law.
28. Stamping documents inadvertently recieved. No document which ought to bear a stamp under this Act shall be of any validity, unless and until it is properly stamped.
But, if any such document is through mistake or inadvertence received, filed or used in any Court or office without being properly stamped, the presiding Judge or the head of the office, as the case may be, or, in the case of a High Court, any Judge of such Court, may, if he thinks fit, order that such document be stamped as he may direct; and, on such document being stamped accordingly, the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.
29. Amended document. Where any such document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp.
1 Subs. by A.O., 1937, for" L.G.", which had been subs. by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I, for " G.G. of India in C.". :2 Subs. by A. O., 1937, for the words" local official Gazette" which had been subs., for" Gazette of India" by Act 38 of 1920, s. 2 and Sch. I. 3 For rules as to levy of Courtfees by adhesive and impressed stamps, see Gazette of India, 1883, Pt. I, p. 189. 4 Subs. by A.O., 1937, for" L.G." For definition of Appropriate Govt.", see s. lA, supra. 5 For rules under s. 27, see different Local Rules and Orders. 6 Subs. by A. 0.. 1937, for "local official Gazette".
30. Cancellation of stamp.No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any Court or office until the stamp has been cancelled.
Such officer as the Court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out
l[the crescent and star] so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed:
2* * * * * * *
_______
CHAPTER VI
MISCELLANEOUS
31. [Repayment of fees paid on applications to Criminal Courts.] Rep. by the Code of Criminal Procedure (Amendment) Act, 1923 (XVIII of 1923), s. 163.
32. [Amendment of Act VIII of 1859 and Act IX of 1869.] Rep. by the Repealing and Amending Act, 1891 (XII of 1891).
33. Admission in criminal cases of documents or which proper fee has not been paid.–Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the presiding Judge, necessary to prevent a failure of justice, nothing contained in section 4 or section 6 shall be deemed to prohibit such filing or exhibition.
3[34. Sale of stamps. (1) The 4[Appropriate Government] may from time to time make 5rules for regulating the sale of stamps to be used under this Act, the persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons.
(2) All such rules shall be published in the 6[official Gazette], and shall thereupon have the force of law.
1 Subs. by the Courtfees (Amdt.) Act, 1951 (13 of 1951),s. 2. for" the figurehead ". 2 Proviso added by Act 13 of 1951, has been omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. 3 Subs. for the original section by the Amending Act, 1891 (12 of 1891). 4Subs. by A. O., 1937, for" L. G" For definition of "Appropriate Government ", see s. lA, supra. 5 For rules issued under this section, See different Local Rules and Orders. 6 Subs. by A. O.,1937, for "local official Gazette”.
(3) Any person appointed to sell stamps who disobeys any rule made under this section, and any person not so appointed who sells or offers for sale any stamp, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.]
35. Power to reduce or remit fees. The l[Appropriate Government] may, from time to time by 2notification in the 3[official Gazette] reduce or remit4 in the whole or in any part of 5[the territories under its administration] all or any of the fees mentioned in the first and second schedules to this Act annexed, and may in like manner cancel or vary such order.
6[35A. Variation of rates. (1) The ad valorem fees leviable on the institution of suits specified in Schedule I [as amended before the promulgation of the Courtfees (Amendment) Ordinance, 1962(LII of 1962), by any Central or Provincial Act] shall be reduced by fifteen per centum where the value of the subjectmatter exceeds two thousand rupees but does not exceed fifteen thousand rupees; and shall be increased by fifteen per centum where the value of the subjectmatter exceeds fifteen thousand rupees.
(2) The amount of fee leviable after reduction of increase provided for in subsection (1) shall be calculated to the nearest rupee or half rupee, whichever it may be.]
36. Saving of fees to certain officers of High Courts.–Nothing in Chapters II and V of this Act applies 7 * * * to the fees which any officer of a High Court is allowed to receive in' addition to a fixed salary.
_____
1 Subs. by A. O., 1937, for" L.G," which had been subs. by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I. for" G.G, of India in C.". 2 For notification about election application, etc., see Gazette of Sind, 1952, Ext., p. 590. 3 Subs. by A. O., 1937, for" local official Gazette" which had been subs. for" Gazette of lndia " by Act 38 of 1920, s. 2 and Sch. I. 4For abolition of courtfee in 'criminal cases' and in 'civil suits' involving amounts not exceeding twentyfive thousand rupees, see Sind Ordinance 13 of 1978 ; NWFP Ordinance 14 of 1978 ; Government of Baluchistan Notification No. 51077 Admn : Law/1684, dated the 27th July, 1978 (Baluchistan Gazette, Ext, 1978), Issue No. 59; and Government of the Punjab Notification No. 548778/1809Stl, dated the 29th July, 1978 (Punjab Gazette, 1978,––). 5 Subs. by Act 38 of 1920, s. 2 and Sch. I, for" British India ". 6 Section 35A, ins. by the Courtfees (Amendment) Ordinance, 1962 (52 of 1962), s. 4. Section 35A has been omitted in its application to the Province of Baluchistan, by Baluchistan Ordinance No. XXI of 1980, s. 2. 7The words " to the commission payable to the Accountant General of the High Court at Port William, or ", omitted by A. O., 1949. Sch.
1SCHEDULE I Ad valorem fees
Number –––––– Proper Fee
1. 3Plaint 4[written statement pleading a set off or counter claim] or memorandum of appeal (not otherwise provided for in this Act) 3[or of crossobjection] presented to any Civil or Revenue Court except those mentioned in section3.
2When the amount or value of the subjectmatter in dispute does not exceed five rupees.
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.
When such amount or value exceeds one hundred rupees, for every ten rupees, or part thereof, in excess of one hundred rupees, up to one thousand rupees.
When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof, in excess of one thousand rupees, up to five thousand rupees.
When such amount or value exceeds five thousand rupees, for every two hundred and fifty rupees, or part thereof, in excess of five thousand rupees, up to ten thousand 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.
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.
Six annas.
Six annas.
Twelve annas.
Five rupees.
Ten rupees.
Fifteen rupees.
Twenty rupees.
1This Schedule has been amended in its application to the Province of West Pakistan (except the Capital of the Federation) by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (West Pakistan Act No. 16 of 1957), s. 3(3) and 3rd Sch. (with effect from the 14th October, 1955). 2 The entries in columns 2 and 3 against Article No.1 have been subs. in its application to the Province of Baluchistan, by Baluchistan Ordinance No. XXI of 1980, s. 3. 3 To ascertain the proper fee leviable on the institution of a suit, see the table annexed to this Schedule. 4 Ins. by the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 155 and the Fourth schedule.
SCHEDULE I.––Contd Ad valorem fees––contd.
Number –––––– Proper Fee
1. Plaint, etc.–contd.
2. Plaint 1* * * in a suit for possession
under 2[the Specific Relief Act, 1877, section 9].
3. [Repealed by Act VIII of 1871].
4. Application for review of judgment, 3if presented on or after the ninetieth day from the date of the decree.
5. Application for review of judgment,3if presented before the ninetieth day from the date of the decree.
6. Copy or translation of a judgment or order not being, or having the force of, a decree.
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.
When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof, in excess of fifty thousand rupees:
Provided that the maximum fee leviable on a plaint or memorandum of appeal shall be three thousand rupees.
..
..
..
When such judgment or order is passed by any Civil Court other than a High Court, or by the presiding officer or any Revenue Court or Office, or by any other Judicial or Executive Authority—
(a)—If the amount or value of the subjectmatter is fifty or less than fifty rupess.
(b)—If such amount or value exceeds fifty rupees.
Twenty rupees.
Twenty five rupees.
A fee of onehalf the amount prescribed in the foregoing scale.
The fee leviable on the plaint or memorandum of appeal.
Onehalf of the fee leviable on the plaint or memorandum of appeal.
Four annas.
Eights annas.
1The words “or memorandum of appeal ” rep. by the Courtfees Act Amendment Act, 1870 (20 of 1870). 2Subs. by the Amending Act, 1891 (12 of 1891), for" Act No. 14 of 1859 (to provide for the limitation of suits)". 3As to application for review of judgment, see the Code of Civil Procedure, 1908 (Act 5 of 1908).
SCHEDULE 1.contd. Ad Valorem feescontd.
Number _____ Proper Fee
6. Copy, etc.—contd. When such judgment or order is passed by a High Court. One rupee.
7. Copy of a decree or order having the force of a decree. When such decree or order is made by any Civil Court other than a High Court, or by any Revenue Court
(a)—If the amount or value of the subjectmatter of the suit where in such decree or order is made is fifty or less than fifty rupees.
Eight annas.;
(b)—If such amount or value exceeds fifty rupees. One rupee.
When such decree or order is made by a High Court. Four rupees.
8. Copy of any document liable to stampduty under the 1[Stamp Act, 1899 (II of 1879)], when left by any party to a suit or proceeding in place of the original withdrawn.
(a)—When the stampduty chargeable on the original does not exceed eight annas.
The amount of the duty chargeable on the original.
9. Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act, or copy of any account, statement, report or the like, taken out of any Civil or Criminal or Revenue Court or Office, or from the office of any chief officer charged with the executive administration of a Division.
(b)—In any other case..
For every three hundred and sixty words or fraction of three hundred and sixty words.
Eight annas.
Eight annas.
10. [Repealed by the Guardians and Wards Act, 1890 (VIII of 1890).]
2[11. Probate of a will letters of administration with or without will annexed.
3[When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, but does not exceed ten thousand rupees.
When such amount or value exceeds ten thousand rupees, but does not exceed fifty thousand rupees.
Two per centum on such amount or value.
Two and onehalf per centum on such amount or value.
1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981). s. 3 and II Sch. 2Arts. 11, 12 and 12A were subs. by the Succession Certificate Act, 1889 (7 of 1889), s. 13 (I), for the original Arts. 11 and 12. 3These items were subs. by s. 2 (i) of the Courtfees (Amendment) Act, 1910 (7 of 1910), for the entries in the 2nd and 3rd columns.
SCHEDULE I.—Contd. Ad valorem fees—contd.
Number ______ Proper Fee
11. Probate, etc.—contd. When such amount or value exceeds fifty thousand rupees;
Provided that when, after the grant of a certificate under the 1[Succession Act, 1925(XXXIX of 1925.)], or under the Regulation of the 2[Sind Code, No. VIII of 1827,] in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the same estate, the fee payable in respect of the latter grant shall be reduced by the amount of the fee paid in respect of the former grant.
Three per centum on such amount or value.]
12. Certificate under the 1[Succession Act, 1925 (XXXIX of 1925).]
In any case .. .. Two per centum on the amount or value of any debt or security specified in the certificate under section 8 of the Act, and three per centum on the amount or value of any debt or security to which the certificate is extended under section 10 of the Act.
NOTE—(1) The amount of a debt is its amount, including interest on the day on which the inclusion of the debt in the certificate is applied for, so far as such amount can be ascertained.
(2) Whether or not any power with respect to a security specified in a certificate has been conferred under the Act; and where such a power has been so conferred, whether the power is for the receiving of interest or
1Subs. by the Federal Laws (Revision and Declaration) Ordinance. 1981(27 of 1981), s.3 and II Sch., for “Succession Certificate Act, 1889”. 2Subs. ibid., for “Bombay Code, No. VIII of 1827”.
SCHEDULE I.___contd. Ad valorem fees___contd.
Number ________ Proper Fee
12. Certificate, etc.__contd.
12A. Crttificate under the Regulation of the 1[Sind Code, No. VIII of 1827].
In any case__contd.
2[(1) As regards debts and securities.
(2) As regards other property in respect of which the certificate is granted___
When the amount or value of such property exceeds one thousand rupees, but does not exceed ten thousand rupees.
When such amount or value exceeds ten thousand rupees, but does not exceed fifty thousand rupees.
When such amount or value exceeds fifty thousand rupees.
Dividends on, or for the negotiation or transfer of the security,or for both purposes, the value of the security is its marketvalue on the day on which the inclusion of the security in the certificate is applied for, so far as such value can be ascertained.
The same fee as would be payable in respect of a certificate under the 3[Succession Act, 1925 (XXXIX of 1925)] or in respect of an extension of such a certificate, as the case may be.
Two per centum on such amount or value.
Two and onehalf per centum on such amount or value.
Three per centum on such amount or value.]]
1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., for “Bombay Code No. VIII of 1827”. 2 These items were subs. by the Courtfees (Amendment) Act, 1910 (7 of 1910), s. 2 (ii). 3Subs. by Ord. 27 of 1981, s. 3 and II Sch., for “Succession Certificate Act, 1889”.
SCHEDULE I.contd.
Ad valorem fees—contd.
Number ____ Proper fee
113. Application to 2 *** the 3[Board of Revenue.] for the exercise of its revisional jurisdiction under section 84 of the Punjab Tenancy Act, 1887 (XVI of 1887).
4[13A. Application to a High Court for the exercise of its revisional jurisdiction under section 115 of the Code of Civil Procedure, 1908.
14. [Rep.by A.O., 1937.]
15. [Rep. by the Repealing and Amending Act, 1923 (II of 1923), s.3 and 2nd Sch.]
When the amount or value of the subjectmatter in dispute does not exceed twentyfive rupees.
When such amount or value exceeds twentyfive rupees.
Where the application is for revision of an order and the amount of value of the subjectmatter is less than two thousand rupees.
Where the application is for the revision of an order and the amount or value of the subject matter is two thousand rupees or more.
Where the application is for the revision of an appellate decree.
Two rupees
The fee leviable on a memorandum of appeal.
Seven rupees and fifty paisa.
Fifteen rupees.
The fee leviable on a memorandum of appeal.]
1. Originally ins. by the Punjab Courts Act, 1884 (18 of 1884), s. 71, as amended by the Punjab Courts Act, 1899 (25 of 1899), s. 6. Article 13 was rep. in the Punjab by s. 5 of the Punjab Courts (Amendment) Act, 1912 (Punjab 1 of 1912), and in the N.W.F.P., by the Third Schedule of the N.W.F.P. Law and Justice Regulation, 1901 (7 of 1901); but it has since been revived for both area; in its present form by the Courtsfees (Punjab Amendment) Act, 1922 (Punjab 7 of 1922). 2Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. 3The original words “Financial Commissioner of the Punjab” were amended first by A. O., 1949, Sch., to read as “Financial Commissioner of West Punjab” and then by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951),s. 4 and III Sch., have now further been subs. by Ord. 27 of 1981, s. 3 and II Sch., for " Financial Commissioner of the Punjab ", to read as above. 4Item 13A ins. by the Courtfees (Amendment) Ordinance, 1962 (52 of 1962), s. 5.
Courtfees (Schedule I.___Table of rates of ad valorem fees, etc.)
SCHEDULE I.__contd. Table of rates of ad valorem fees leviable on the institution of suits
When the amount or value of the subjectmatter exceeds
But does not exceed Proper fee
Rs. Rs. Rs. A.P.
.. 5 0 6 0
5 10 0 12 0
10 15 1 2 0
15 20 1 8 0
20 25 1 14 0
25 30 2 4 0
30 35 2 10 0
35 40 3 0 0
40 45 3 6 0
45 50 3 12 0
50 55 4 2 0
55 60 4 8 0
60 65 4 14 0
65 70 5 4 0
70 75 5 10 0
75 80 6 0 0
80 85 6 6 0
85 90 6 12 0
90 95 7 2 0
95 100 7 8 0
100 110 8 4 0
110 120 9 0 0
120 130 9 12 0
130 140 10 8 0
140 150 11 4 0
150 160 12 0 0
160 170 12 12 0
170 180 13 8 0
180 190 14 4 0
190 200 15 0 0
Courtfees
(Schedule I.___Table of rates of ad valorem fees, etc.)
SCHEDULE I.contd.
Table of rates of ad valorem fees, etc.contd.
When the amount or value of the subjectmatter exceeds
But does not exceed Proper fee
Rs. Rs. Rs. A.P.
200 210 15 12 0
210 220 16 8 0
220 230 17 4 0
230 240 18 00
240 250 18 12 0
250 260 19 8 0
260 270 20 4 0
270 280 21 00
280 290 21 12 0
290 300 22 8 0
300 310 23 4 0
310 320 24 00
320 330 24 12 0
330 340 25 8 0
340 350 26 4 0
350 360 27 00
360 370 27 12 0
370 380 28 8 0
380 390 29 4 0
390 400 30 00
400 410 30 12 0
410 420 31 8 0
420 430 32 4 0
430 440 33 00
440 450 33 12 0
450 460 34 8 0
460 470 35 4 0
470 480 36 00
480 490 36 12 0
490 500 37 8 0
Courtfees
(Schedule I.Table of rates of ad valorem fees, etc.)
SCHEDULE I.contd.
Table of rates of ad valorem fees, etc.contd.
When the amount or value of the subjectmatter exceeds
But does not exceed Proper fee
Rs. Rs. Rs. A.P.
500 510 38 4 0
510 520 39 0 0
520 530 39 12 0
530 540 40 8 0
540 550 41 4 0
550 560 42 0 0
560 570 42 12 0
570 580 43 8 0
580 590 44 4 0
590 600 45 0 0
600 610 45 12 0
610 620 46 8 0
620 630 47 4 0
630 640 48 0 0
640 650 48 12 0
650 660 49 8 0
660 670 50 4 0
670 680 51 0 0
680 690 51 12 0
690 700 52 8 0
700 710 53 4 0
710 720 54 0 0
720 730 54 12 0
730 740 55 8 0
740 750 56 4 0
750 760 57 0 0
760 770 57 12 0
770 780 58 8 0
780 790 59 4 0
790 800 60 0 0
Courtfees
(Schedule I.Table of rates of ad valorem fees, etc.)
SCHEDULE I.contd.
Table of rates of ad valorem fees, etc.contd.
When the amount or value of the subjectmatter exceeds
But does not exceed Proper fee
Rs. Rs. Rs. A.P.
800 810 60 12 0
810 820 61 8 0
820 830 62 4 0
830 840 63 0 0
840 850 63 12 0
850 860 64 8 0
860 870 65 4 0
870 880 66 0 0
880 890 66 12 0
890 900 67 8 0
900 910 68 4 0
910 920 69 0 0
920 930 69 12 0
930 940 70 8 0
940 950 71 4 0
950 960 72 0 0
960 970 72 12 0
970 980 73 8 0
980 990 74 4 0
990 1000 75 0 0
1000 1100 80 0 0
1100 1200 85 0 0
1200 1300 90 0 0
1300 1400 95 0 0
1400 1500 100 0 0
1500 1600 105 0 0
1600 1700 110 0 0
1700 1800 115 0 0
1800 1900 120 0 0
1900 2000 125 0 0
Courtfees
(Schedule I.Table of rates of ad valorem fees, etc.)
SCHEDULE I.contd.
Table of rates of ad valorem fees, etc.contd.
When the amount or value of the subjectmatter exceeds
But does not exceed Proper fee
Rs. Rs. Rs. A.P.
2000 2100 130 0 0
2100 2200 135 0 0
2200 2300 140 0 0
2300 2400 145 0 0
2400 2500 150 0 0
2500 2600 155 0 0
2600 2700 160 0 0
2700 2800 165 0 0
2800 2900 170 0 0
2900 3000 175 0 0
3000 3100 180 0 0
3100 3200 185 0 0
3200 3300 190 0 0
3300 3400 195 0 0
3400 3500 200 0 0
3500 3600 205 0 0
3600 3700 210 0 0
3700 3800 215 0 0
3800 3900 220 0 0
3900 4000 225 0 0
4000 4100 230 0 0
4100 4200 235 0 0
4200 4300 240 0 0
4300 4400 245 0 0
4400 4500 250 0 0
4500 4600 255 0 0
4600 4700 260 0 0
4700 4800 265 0 0
4800 4900 270 0 0
4900 5000 275 0 0
Courtfees (Schedule I.Table of rates of ad valorem fees, etc.)
SCHEDULE I.contd. Table of rates of ad valorem fees, etc.contd.
When the amount or value of the subjectmatter exceeds
But does not exceed Proper fee
Rs. Rs. Rs. A.P.
5000 5250 285 0 0
5250 5500 295 0 0
5500 5750 305 0 0
5750 6000 315 0 0
6000 6250 325 0 0
6250 6500 335 0 0
6500 6750 345 0 0
6750 7000 355 0 0
7000 7250 365 0 0
7250 7500 375 0 0
7500 7750 385 0 0
7750 8000 395 0 0
8000 8250 405 0 0
8250 8500 415 0 0
8500 8750 425 0 0
8750 9000 435 0 0
9000 9250 445 0 0
9250 9500 455 0 0
9500 9750 465 0 0
9750 10000 475 0 0
10000 10500 490 0 0
10500 11000 505 0 0
11000 11500 520 0 0
11500 12000 535 0 0
12000 12500 550 0 0
12500 13000 565 0 0
13000 13500 580 0 0
13500 14000 595 0 0
14000 14500 610 0 0
14500 15000 625 0 0
Courtfees (Schedule I.Table of rates of ad valorem fees, etc.)
SCHEDULE I.contd. Table of rates of ad valorem fees, etc.contd.
When the amount or value of the subjectmatter exceeds
But does not exceed Proper fee
Rs. Rs. Rs. A.P.
15000 15500 640 0 0
15500 16000 655 0 0
16000 16500 670 0 0
16500 17000 685 0 0
17000 17500 700 0 0
17500 18000 715 0 0
18000 18500 730 0 0
18500 19000 745 0 0
19000 19500 760 0 0
19500 20000 775 0 0
20000 21000 795 0 0
21000 22000 815 0 0
22000 23000 835 0 0
23000 24000 855 0 0
24000 25000 875 0 0
25000 26000 895 0 0
26000 27000 915 0 0
27000 28000 935 0 0
28000 29000 955 0 0
29000 30000 975 0 0
30000 32000 995 0 0
32000 34000 1015 0 0
34000 36000 1035 0 0
36000 38000 1055 0 0
38000 40000 1075 0 0
40000 42000 1095 0 0
42000 44000 1115 0 0
44000 46000 1135 0 0
46000 48000 1155 0 0
48000 50000 1175 0 0
Courtfees
(Schedule I.Table of rates of ad valorem fees, etc.)
SCHEDULE I.contd.
Table of rates of ad valorem fees, etc.contd.
When the amount or value of the subjectmatter exceeds
But does not exceed Proper fee
Rs. Rs. Rs. A.P.
50000 55000 1200 0 0
55000 60000 1225 0 0
60000 65000 1250 0 0
65000 70000 1275 0 0
70000 75000 1300 0 0
75000 80000 1325 0 0
80000 85000 1350 0 0
85000 90000 1375 0 0
90000 95000 1400 0 0
95000 100000 1425 0 0
100000 105000 1450 0 0
105000 110000 1475 0 0
110000 115000 1500 0 0
115000 120000 1525 0 0
120000 125000 1550 0 0
125000 130000 1575 0 0
130000 135000 1600 0 0
135000 140000 1625 0 0
140000 145000 1650 0 0
145000 150000 1675 0 0
150000 155000 1700 0 0
155000 160000 1725 0 0
160000 165000 1750 0 0
165000 170000 1775 0 0
170000 175000 1800 0 0
175000 180000 1825 0 0
180000 185000 1850 0 0
185000 190000 1875 0 0
190000 195000 1900 0 0
195000 200000 1925 0 0
Courtfees
(Schedule I.Table of rates of ad valorem fees, etc.)
SCHEDULE I.contd.
Table of rates of ad valorem fees, etc.contd.
When the amount or value of the subjectmatter exceeds
But does not exceed Proper fee
Rs. Rs. Rs. A.P.
200000 205000 1950 0 0
205000 210000 1975 0 0
210000 215000 2000 0 0
215000 220000 2025 0 0
220000 225000 2050 0 0
225000 230000 2075 0 0
230000 235000 2100 0 0
235000 240000 2125 0 0
240000 245000 2150 0 0
245000 250000 2175 0 0
250000 255000 2200 0 0
255000 260000 2225 0 0
260000 265000 2250 0 0
265000 270000 2275 0 0
270000 275000 2300 0 0
275000 280000 2325 0 0
280000 285000 2350 0 0
285000 290000 2375 0 0
290000 295000 2400 0 0
295000 300000 2425 0 0
300000 305000 2450 0 0
305000 310000 2475 0 0
310000 315000 2500 0 0
315000 320000 2525 0 0
320000 325000 2550 0 0
325000 330000 2575 0 0
330000 335000 2600 0 0
335000 340000 2625 0 0
340000 345000 2650 0 0
345000 350000 2675 0 0
Courtfees (Schedule I.Table of rates of ad valorem fees, etc.)
SCHEDULE I.contd. Table of rates of ad valorem fees, etc.contd.
When the amount or value of the subjectmatter exceeds
But does not exceed Proper fee
Rs. Rs. Rs. A.P.
350000 355000 2700 0 0
355000 360000 2725 0 0
360000 365000 2750 0 0
365000 370000 2775 0 0
370000 375000 2800 0 0
375000 380000 2825 0 0
380000 385000 2850 0 0
385000 390000 2875 0 0
390000 395000 2900 0 0
395000 400000 2925 0 0
400000 405000 2950 0 0
405000 410000 2975 0 0
410000 3000 0 0
1SCHEDULE II Fixed fees
Number _____ Proper Fee
1. Application or petition—
contd.
(a)___When presented to any officer of the Customs or Excise Department or to any Magistrate by any person having dealings with the Government, and when the subjectmatter of such application relates exclusively to those dealings.
Or when presented to any officer of land revenue by any person holding temporarily settled land under direct engagement with
One anna.
1This Schedule has been amended in its application to the Province of West Pakistan (except the Capital of the Federation) by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (West Pakistan Act No. 16 of 1957), s.3 (3) and 3rd Sch. (with effect from the 14th October, 1955).
Courtfees (Schedule II.__Fixed fees) SCHEDULE II.___contd. Fixed fees___contd.
Number ____ Proper Fee
1. Application or petition—
contd.
Government, and when the subjectmatter of the application or petition relates exclusively to such engagement;
or when presented to any Municipal Commissioner under any Act for the time being in force for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement;
or when presented to any Civil Court other than a principal Civil Court of original jurisdiction, 1* * *, or to any Court of Small Causes constituted under Act2 No. 3[IX of 1887] or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the subjectmatter is less than fifty rupees;
or when presented to any Civil, Criminal or Revenue Court, or to any Board or executive officer for the purpose of obtaining a copy or
One anna.
translation of any judgment, decree or
order passed by such Court, Board or officer, or of any other document on record in such Court of Office.
(b) When containing a complaint or charge of any
Eight annas.
1The words" or to any Cantonment Magistrate sitting as a Court of Civil Judicature under Act, No. III of 1859 " rep. by the Cantonments Act, 1889 (13 of 1889). 2See now the Provincial Small Causes Courts Act, 1887 (9 of 1887), by which Act 11 of 1865 was repealed. 3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., for" XI of 1865 or under Act No. XVI of 1868, section 20 ".
SCHEDULE IIcontd. Fixed feescontd.
Number _________
Proper Fee
1. Application or petition—
Contd.
3[1A. Application to any Civil Court that records may be called for from an other Court.
2. Application for leave to sue as a pauper.
Offence other than an offence for which policeofficer may, under the Criminal Procedure Code1, arrest without warrant, and presented to any Criminal Court;
Or when presented to a Civil, Criminal or Revenue Court, or to a Collector, or any Revenue officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise provided for by this Act;
Or to deposit in Court revenue or rent;
Or for determination by a Court of the amount of compensation to be paid by a landlord to his tenant.
c)—When presented to a 2* * * Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit, or to any chief officer charged with the executive administration of a Division and not otherwise provided for by this Act.
(d)—When presented to a High Court.
When the Court grants the application and is of opinion that the transmission of such records involves the use of the post.
..
Eight annas.
One rupee.
Two rupees.
Twelve annas in addition to any fee levied on the application under clause (a), clause (b) or clause (d) of article 1 of this Schedule.]
Eight annas.
1See now the Code of Criminal Procedure, 1898 (Act 5 of 1898). 2The words" Chief Commissioner or other" omitted by A. O., 1964, Art. 2 and Sch. 31ns. by the Courtfees (Amendment) Act, 1911 (14 of 1911), s. 2.
SCHEDULE II.contd. Fixed feescontd.
Number _________
Proper Fee
3. Application for leave to appeal as a pauper.
4. Plaint or memorandum of appeal in a suit to obtain possession under 1* * * 2[the 3[Mukhtiarkars Courts Act, 1906(Sind Act II of 1906).]]
5. Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy.
4[6. Bailbond or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section of the Code of Criminal Procedure, 1898 (V of 1898), or the Code of Civil Procedure, 1908 (V of 1908) and not otherwise provided for by this Act.]
7. Undertaking under section 49 of the Divorce Act(IV of 1869).
8. [Rep. by the Repealing and Amending Act, 1891 (XII of 1891).
9. [Rep. by Act XII of 1891.]
10. Mukhtarnama or Wakalatnama.
(a)—When presented to a District Court.
(b)—When presented to a Commissioner or a High Court.
..
When presented for the conduct of any one case—
(a)—to any Civil or Criminal Court other than a High Court, or to any Revenue Court, or to any Collector or Magistrate, or other executive officer, except such as are mentioned in clauses (b) and (c) of this number.
One rupee.
Two rupees.
Eight annas.
Eight annas.
1The words and figures" Act No. XVI of 1838, or" omitted by A. 0. 1949, Sch. 2Subs. by the Amending Act, 1891 (12 of 1891), for" Bombay Act 5 of 1864 (to give Mamlatdars Courts jurisdiction in certain cases to maintain existing possession or to restore possession to any party dispossessed otherwise than by course of law". ' 3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981),s.3 and II Sch., for" Mamlatdar’s Courts Act, 1876". 4Subs. by the Second Repealing and Amending Act, 1914 (17 of 1914), s. 2.
SCHEDULE II.contd.
Fixed feescontd.
Number _________
Proper Fee
10. Namaarnama or
Wakalat—contd.
11. Memorandum of appeal when the appeal is not 2* * * from a decree or an order having the force of a decree, and is presented.___
12. Caveat.
6* * *
15. [Rep. by Act V of 1908.]
(b)—to a Commissioner of Revenue, Circuit or Customs or to any officer charged with the executive administration of a Division, not being the Chief Revenue or Executive Authority.
(c)—to a High Court, 1* * Board of Revenue, or other Chief Controlling Revenue or Executive Authority.
(a)—to any Civil Court other than a High Court, or to any Revenue Court or Executive Officer other than the High Court or Chief Controlling Revenue or Executive Authority.
3[(aa)—to the Central Board of Revenue under 4[section 193 of the Customs Act, 1969 (IV of 1969)] or section 35 of the Central Excises and Salt Act, 1944.]
(b)___to a High Court or 5* * *
Chief Controlling Executive or Revenue Authority.
* * *
One rupee.
Two rupees.
Eight annas.
Twentyfive rupees.
Two rupees.
*
1The words and comma" Chief Commissioner, " omitted by A. 0., 1964, Art. 2 and Schedule. 2The words" from an order rejecting a plaint or " were omitted by s. 155, (Sch. 4) of the Code of Civil Procedure, 1908 (Act 5 of 1908). 31ns. by the Finance Act, 1952 (4 of 1952), s. 2. 4Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981) s. 3 and IISch., for" section 188 of the Sea Customs Act, 1878". ' 5The words "Chief Commissioner or other" omitted by A. 0., 1964, Art. 2 and Schedule. 6Articles 13, 14 and entries relating thereto omitted by Ord. 27 of 1981, s. 3 and II Sch
Number _________
Proper Fee
16[Rep. by Act Vl 0f 1889,
s. 18(1).]
17. Plaint or memorandum of appeal in each of the following suits:
(i). to alter or set aside a summary decision or order of any of the Civil Courts not established by Letters Patent or of any Revenue Court:
(ii). to alter or cancel any entry in a register of the names of proprietors of revenue paying estates :
(iii). to obtain a declaratory decree where no con sequential relief is prayed:
(iv). to set aside an award:
(v). to set aside an adoption:
(vi). every other suit where it
is not possible to estimate at a moneyvalue the subjectmatter in dispute, and which is not other wise provided for by this Act.
18. Application under section 326 of the Code of Civil
Procedure1.
2[19. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908 (V of 1908).]
20. Every petition under
the Divorce Act, 1869 (IV of 1869), except petition under section 44 of the same Act, and every memorandum of appeal under section 55 of the same Act.
21. Plaint or memorandum
of appeal under the 3Parsi Marriage and Divorce Act, 1865(XV of 1865).
..
..
Ten rupees
Twenty rupees.
1See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Second Schedule. 2Subs by the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 155, and Sch. IV, for the original entry which was as follows: Agreement under section 328 of the same Code. " 3See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).
Rs. A. P.
1SCHEDULE III (See Section 19 I)
Form of Valuation (To be used with such Modifications, If Any As May Be Necessary)
IN THE COURT OF Re Probate of the Will of property and credits of (or administration of the), deceased.
(Solemnly affirm make oath)
I and say that I am the executor (or one of the executors or one of the nextofkin) of , deceased, and that
I have truly set forth in Annexure A to this affidavit all the property and credits of which the above named deceased died possessed or was entitled to at the time of his death, and which have come or are likely to come, to my hands. 2. I further say that I have also truly set forth in Annexure B all the items I am by law allowed to deduct. 3. I further say that the said assets, exclusive only of such ,fastmentioned items, but inclusive of all rents, interest, dividends and increased values since the date of the death of the said deceased, are under the value of
ANNEXURE A
VALUATION OF THE MOVEABLE AND IMMOVEABLE PROPERTY
OF DECEASED. Cash in the house and at the banks, household goods, wearingapparel, books, plate, jewels, etc.
(State estimated value according to best of Executor's or Administrator's belief.)
Property in Government securities transferable at the Public Debt Office.
(State description and value at the price of the day; also the interest separately, calculating it to the time of making the application.) Immoveable property consisting of .. .. ..
(State description, giving, in the case of houses, the assessed value, if any, and the number of years' assessment the marketvalue is estimated at, and, in the case of land, the area, the marketvalue and all rents that have accrued).
1This Schedule was added by the Courtfees Amendment Act, 1899 (11 of 1899), s. 3. The original Schedule III was rep. by the Repealing Act. 1870 (14 of 1870).
Rs. A. P.
Rs.
A.
P.
SCHEDULE III (See section 19 1)
Leasehold property . . . . . . . . (If the deceased held any leases for years determinable, state the number of years' purchase the profit rents are estimated to be worth and the value of such, inserting separately arrears due at the date of death and all rents received or due since that date to the time of making the application.) Property in public companies . . . . . . (State the particular, and the value calculated at the price at the day; also the interest separately, calculating it to the time of making the application.) Policy of insurance upon life. money out on mortgage and other securities, such as bonds, mortgages, bills. notes and other securities for money. (State the amount of the whole ; also the interest separately, calculating it to the time of making the application.) Book debts . . . . . . . . (other than bad.) Stock in trade . . . . . . . . (State the estimated value. if any.) Other property not comprised under the foregoing heads (State the estimated value, if any.) TOTAL . . Deduct amount shown in Annexure B not subject to duty NET TOTAL . .
ANNEXURE B
Schedule of DEBTS, ETC.
Amount of debts due and owing from the deceased, payable by law out of the estate. Amount of funeral expenses . . . . . . . . Amount of mortgage in cumbrances . . . . . . Property held in trust not beneficially or with general power to confer a beneficial
interest. Other property not subject to duty . . . . . . Total . .
