Keyword(s):
Appeal, Court
to amend and consolidate the law relating to ceurt fees and valuation of
suits in the Union territory of Pondicherry.
BE it enacted by the Legislative Assembly 9f Pondicherry in the
Twenty-third year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
- Short title, extent and commencemene.-(1) This Act may be
called the Pondicherry Court-fees and Suits Valuation Act, 1972.(2) It extends to the whole of the Union territory of Pondicherry.
(3) It shall come into force on such 1 date as the Government
may,#by notification in the Official Gazette, appoint. - Application of Act.-(1) The provisions of this Act shall not
apply to documents presented or to be presented before an officer
sewing under the Central Government.
(2) Where any other law contains provisions relating to the levy
of fee in respect of proceedings under such other law, the provisions
of this Act relating to the levy of fee in respect of such
proceedings shall apply subject to the said provisions of such
other law. - [email protected] this Act, unless the context otherwise requires,-
(i) “appeal” includes a cross-objection;
(ii) “Court” means any Civil, Revenue, or Criminal Court
and include a Tribunal or other authority having jurisdiction
under any special or local law to decide questions affecting the
rights of parties;
(iii) “Government” means the Administrator of the Union
territory of Pondicherry appointed by the President under article
239 of the Constitution;
(iv) ccprescribed” means prescribed by rules made under
this Act;
(v) expressions used and not defined in this Act or in
the General Clauses Act, 1897 (Central Act 10 of 1897), but
defined in the Code of Civil Procedure, 1908 (Central Act 5 of
1908) shall have the meanings respectively assigned to them in
the said Code.
1 The Act came into force on the 1st day of September 1974, vide
Notification No. 7682/69/C dated 22nd Augu$t, 1974.I
I - 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 officdr, unless in respect of
such document there be paid a fee of an amount not less than
that indicated as chargeable under this Act:
Provided that, whenever the filing or exibition in a Criminal
Court of a document in respect of which the proper fee has not
been paid is in the opinion of the Court necessary to prevent a
failure of justice, nothing contained in this section shall be deemed
to prohibit such filing or’exhibition. - Fees on documents inadvertently received.-When a document
on which the whole or any part of the fee prescribed by this
Act has not been paid is produced or has, through mistake or
inadvertence, been received in any Court or public office, the
Court or the head of the office may, in its, or at his, discretion at
any time, allow 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 have
the same force and effect as if the full fee; had been paid in first
instance. - Multifarious suits.-(1) In any suit in which separate and
distinct reliefs are sought based on the same cause of action, the
plaint shall be chargeable with a fee on the aggregate value of the
reliefs:
Provided that, if a relief is sought only as 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) Where a suit embraces two o~ more distinct and
different causes of action and separate reliefs based on them are
sought, either alternatively or cumulatively, the plaint shall be
chargeable with the aggregate amount of the fees with which
plaints would be chargeable 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
re!iefs claimed alternatively against the same person araise out of
the same transaction, the plaint shall be chargeable only with the
highest of the fees chargeable on them:
Provided further that nothing in this sub-section shall be deemed
to affect any power conferred upon a Court under rule 6 of Order
I1 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908).
(4) The provisions of this section shall apply mutatis mutandis
to memoranda 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 shall be
deemed to be based on the same cause of action. - Determination of market value.–(l) Save as otheiwisa 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.
(2) The market value of land in suits falling under
section 25(a), 25(b), 27(a), 29, 30, 37(1), 37(3), 38, 45 or 48
shall be deemed to be-
(a) where the land is assessed, thirty times the survey assessment
on the land:
Provided that, where the land forms part of a survey field and
is not separately assessed to revenue, the value of such part
shall be dmed to be thirty times such proportion of the survey
assessment as the part bears to the entire survey field.
(b) where the land is a house-site whether assessed to full
revenue or not, poramboke land, or any other land not falling
under clause (a),-its market valub.
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