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State of Tamilnadu - Section

Section 3 in The Legal Practitioners' Fees Rules, 1973

3. In Courts subordinate to the High Court.

- In suits for money, effects or other personal property or for land or other immovable property of any description, fees to Legal Practitioners shall be payable on the following scale:-
(1)Small Cause Suits. - At 10 per cent of the claim subject to a minimum of Rs. 50 (100 AP).
(2)Original Suits. - (a) For money based on negotiable instruments and loans,-
(i)if the amount or value does not exceed Rs. 5000.00, at 10 per cent subject to a minimum of Rs. 150;
(ii)if the amount or value exceeds Rs 5,000.00, but does not exceed 'Rs. 15,000.00, on Rs. 5,000.00 as above, and on the remainder at 7 per cent;
(iii)if the amount or value exceeds Rs 15,000.00, but does not exceed Rs. 30,000.00, on Rs. 15,000.00 as above, and on the remainder at 5 per cent;
(iv)if the amount or value exceeds Rs. 30,000.00, but does not exceed Rs. 50,000.00, on Rs. 30,000.00 as above, and on the remainder at 3 per cent;
(v)if the amount or value exceeds Rs. 50,000.00, but does not exceed Rs. 1,00,000.00, on Rs. 50,000.00 as above, and on the remainder at 2 per cent;
(vi)if the amount or value exceeds Rs. 1,00,000.00, on Rs. 1.00.000.00 as above, and on the remainder at 1 per cent.
(b)Other Original Suits not falling under sub-clause (a) of clause (2)-
(i)if the amount or value of the claim does not exceed Rs. 5.000.00 at 15 per cent subject to a minimum of Rs. 500.00;
(ii)if the amount or value exceeds Rs. 5,000.00, but does not exceed Rs. 30,000.00, on Rs. 5,000.00, as above and on the remainder at 10 per cent;
(iii)if the amount or value exceeds Rs. 30,000.00, but does not exceed Rs. 50,000.00, on Rs. 30,000.00 as above, and on the remainder at 7 per cent;
(iv)if the amount or value exceeds Rs. 50,000.00, but does not exceed Rs. 1,00,000.00, on Rs. 50,000.00 as above, and on the remainder at 5 per cent;
(v)if the amount or value exceeds Rs. 1,00,000.00, but does not exceed Rs. 2,00,000.00, on Rs. 1,00,000.00 as above, and on the remainder at 3 per cent;
(vi)if the amount or value exceeds Rs. 2,00,000.00, but does not exceed Rs. 3,00,000.00, on Rs. 2,00,000.00 as above, and on the remainder at 2 per cent;
(vii)if the amount or value exceeds Rs. 3,00,000.00, on Rs. 3.00.000.00 as above, and on the remainder at 1 per cent.
(c)In batches of more than five suits which are tried together and disposed of by a common judgement, the fees shall be at the discretion of the Court, but shall not exceed the fees prescribed above and shall not be less than the highest fee prescribed for any suit of the highest value in that batch:
Provided that in the case of suits of the kind mentioned in clause (2) above, when such suits are settled, withdrawn, compromised, decided on confession of judgement or dismissed for default (1) at or before the settlement of issue, or (2) after the settlement of issues, but before the commencement of trial, or (3) after the commencement of trial, but before judgement, the fee payable shall be one-third, or one-fourth or one-half respectively (as the case may be), of the fee calculated under that clause: Provided further that where suits of the kind mentioned in clause (2) above are decided ex parte, the defendant not entering appearance or having entered appearance, not contesting, the fee payable shall be one half of the calculated under that clause:Provided also that in case where a Commissioner is appointed to make a local inspection or inquiry or examine witnesses, the Court may, in its discretion after taking into account the amount of work involved before the Commissioner, allow in addition to the ad valorem fee, a further fee not exceeding one-third thereof:Provided also that in suits for rendition of accounts, partition, dissolution of partnership, mesne profits and the like, the fees payable to practitioners for their appearance before the Court in proceedings for final decree shall be at the discretion of the Court, having regard to the issue involved and the time taken, such fee shall be in addition to and on the same scale as the fee for the preliminary decree and the maximum thereof shall not exceed the fee payable on the amount, if any, decreed and the minimum shall not be less than one-third of the fee payable at the stage of the passing of the preliminary decree:Provided also that the Court shall, at its discretion, having regard to the work involved, fix in addition a fee for their appearance before the Commissioner on the same scale, subject to a maximum of Rs. 2,000.00.