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:-

  1. 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.
  2. 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.
  3. [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
  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 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.
  5. 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
  6. 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
    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
    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.
  7. 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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