Section 37 in Pondicherry Court-Fees and Suits Valuation Act, 1972
37. Partition suits.
(1)In a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common by a plaintiff who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff's share.(2)In a suit for partition and separate possession of joint family property or property owned jointly or in common by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates, namely:-When the plaint is presented to -(i)a District Munsif's Court : Rupees thirty(ii)a Sub-court or a District Court: Rupees thirty if the value of plaintiff's share is Rs. 5,000 or less.Rupees one hundred if the value is above Rs. 5,000, but below Rs. 10,000; andRupees two hundred if the value is Rs. 10,000 and above.(3)Where, in a suit falling under sub-section (1) or sub- section (2), a defendant claims partition and separate possession of his share of the property, fee shall be payable on his written statement computed on half the market value of his share or at half the late specified in sub-section (2) according as such defendant has been excluded from possession or is in joint possession.(4)Where, in a suit falling under sub-section (1) or sub-section (2), the plaintiff oi the defendant seeks cancellation of decree or other document of the nature specified in section 40, separate fee shall be payable on the relief of cancellation in the manner specified in that section.
