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State of Uttar Pradesh - Section

Section 365 in The General Rules (Civil), 1957

365. Scale of process fee and poundage.

- The fees exhibited in the following table shall be charged for serving and executing the several processes against which they are respectively ranged :Table of fees
    Rs. P.
PART 1.*-In the courts of DistrictJudges, Civil Judges and Judges of Courts of Small Causes whenexercising the powers of Civil Judges, and in the courts ofMunsifs in suits in which the amount or value of thesubject-matter exceeds Rs. 2,000.  
Article 1. - Summons to defendants, notice of appeal or othernotice to respondents when the defendants or respondents are notmore than four in number, one fee 5. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When such defendants or respondents are morethan four in number, then the fee above-mentioned for the firstfour, and an additional fee of[Rs. 5.00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every such personin excess of four: Provided that the aggregate amount or the feeslevied under this article shall not exceed[twenty five rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).].  
Article 2. - Summons to witnesses, when the witnesses are notmore than four in number, one fee 5. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When such witnesses are more than four innumber, then the fee abovementioned for first four, and anadditional fee of[Rs. 5.00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every such witness in excess offour.  
Article 3. - Every order of attachment 20. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
Article 4. - In respect of the services of the officer makingan attachment in the manner prescribed in Order XXI, Rules 43,44, 51 or 54 and Section 46 of the Code when property is to beattached in one town or village only, one fee 20. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When property is to be attached in more than onetown, or village, then the fee abovementioned for the first townor village specified in the order of attachment, and anadditional fee of[five rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every other town or village:Provided that the aggregate amount of the fees levied under thisarticle shall not exceed[thirty rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).].  
Article 5. - Every warrant of arrest in respect of eachperson to be arrested 10. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
Article 6**. - In respect of the services of each peon in whosecustody a judgment-debtor is left under Order XXI, Rule 40 (3) ofthe Code, per diem 5. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
Article 7***. - Every order for the sale of property-  
  (a) In respect of the order of sale 10. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
  (b) by way of poundage on the full amount of thepurchase money-  
  If the sale effected through a broker under OrderXXI, Rule 76 of the Code- The Commission payableto the broker, and in addition a sum equal to one-quarter of suchcommission.  
  (1) On sales conducted by civil courts, wherethe property pays revenue to Government, at the rate of[5 percent] [Substituted by Notification No. 387/X-b-88, dated, 23-7-1980, published in U. P. Gazette, Part II, Dated 30-5-1981.]  
  and  
  (2) On sales conducted by civil courts, wherethe property pays no revenue to Government, at the rate of[9per cent] [Substituted by Notification No. 387/X-b-88, dated, 23-7-1980, published in U. P. Gazette, Part II, Dated 30-5-1981.]  
Article 8. - In respect of the services of the officer makingdelivery of possession of property under Order XXI, Rules 31, 35,36, 95, 98 or 101 of the Code when property is to be delivered inone town or village only, one fee 20. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When property is to be delivered in more thanone town or village, then the fee abovementioned for the firsttown or village specified in the warrant of delivery, and anadditional fee of[five rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every other town or village:Provided that the aggregate amount of the fees levied under thisArticle shall not exceed[thirty rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).].  
Article 9. - Notice, Proclamation, injunction or other ordernot specified in any preceding Article of this part, when thecopies to be served or posted are not more than four in number,one fee 5. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When such copies are more than four in number,then the fee above-mentioned for the first four, and anadditional fee of[Rs. 5.00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every such copy in excess offour: Provided that the aggregate amount of the fee levied underthis Article shall not exceed[thirty rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]  
Article 10. - #If the service of a process, other than awarrant for the arrest of the person, be declared "emergent". 5. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
PART II. - (Except in suitsspecified in Part III).  
In the courts of Munsif and Civil Judges insuits in which the amount or value of the subject-matter does notexceed Rs. 2,000 and in Courts of Small Causes :  
Article 1. - Summons to defendants, when the defendants arenot more than four in number, one fee 5. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When the defendants are more than four innumber, then the fee abovementioned for the first four and anadditional fee of[Rs. 5.00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every such defendant in excessof four : Provided that the aggregate amount of the fees leviedunder this Article shall not exceed[thirty rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).].  
Article 2. - Summons to witnesses, when the witnesses are notmore than four in number, one fee 5. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When the witnesses are more than four in numberthen the fee abovementioned for the first four, and an additionalfee of[5.00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every such witnesses in excess of four.  
Article 3. - Every order of attachment 20. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
Article 4. - In respect of the services of the officer makingan attachment in the manner prescribed in Order XXI, Rules 43,44, 51 and 54 and Section 46 of the Code when the property is tobe attached in one town or village only, one fee 20. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When property is to be attached in more than onetown or village, then the fee abovementioned for the first townor village specified in the order of attachment, and anadditional fee of[five rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every other town or village:Provided that the aggregate amount of fees levied under thisArticle shall not exceed[thirty rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).].  
Article 5. - Every warrant of arrest in respect of eachperson to be arrested 10. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
Article 6. - ##Every order for the sale of property-  
  (a) in respect of order of sale 5. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
  (b) by way of poundage on the full amount of thepurchase money-  
  If the sale be effected through a broker underOrder XXI, Rule 76 of Act No. V of 1908 The commission payableto the broker and in addition a sum equal to one quarter of suchcommission.  
  (1) On sales conducted by civil courts, wherethe property pays revenue to Government, at the rate of[fiveper cent] [Substituted by Notification No. 387/X-b-88, dated 23-7-1980 (w.e.f. 30-5-1981).]  
  and  
  (2) On sales conducted by civil courts, wherethe property pays revenue to Government, at the rate of[nineper cent] [Substituted by Notification No. 387/X-b-88, dated 23-7-1980 (w.e.f. 30-5-1981).].  
Article 7. - In respect of the services of the officer makingdelivery of possession of property under Order XXI, Rules 31, 35,36, 95, 96, 98 or 101 of the Code when property is to bedelivered in one town or village only, one fee 10. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When property is to be delivered in more thanone town or village, then the fee abovementioned for the firsttown or village specified in the warrant of delivery, and anadditional fee of[five rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every other town or village:Provided that the aggregate amount of the fees levied under thisArticle shall not exceed[thirty rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).].  
Article 8. - Notice, proclamation, injunction or other ordernot specified in any preceding Article of this part, when thecopies to be served or posted are not more than four in number,one fee 10. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When such copies are more than four in number,then the fees abovementioned for the first four, and anadditional fee of[Rs. 5.00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every such copy in excess offour: Provided that the aggregate amount of fees levied underthis Article shall not exceed[thirty rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).].  
Article 9. - ###If the service of a process, other than awarrant for the arrest of the person be declared "emergent". 10. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
PART III- In the courts ofMunsifs and in Courts of small causes in suit in which the amountor value of the subject-matter in dispute does not exceed Rs. 50.  
Article 1. - Summons to defendants, when the defendants arenot more than two in number, one fee 5. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When the defendants are more than two in number,then the fee abovementioned for the first two, and an additionalfee of[Rs. 5.00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every such defendant in excess of two :Provided that the aggregate amount of the fees levied under thisArticle shall not exceed[Rs. 5.00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).].  
Article 2. - Summons to witnesses, in respect of each witness 5. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
Article 3. - Every order of attachment 20. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
Article 4. - in respect of the services of the officer makingan attachment in the manner prescribed in Order XXI, Rules 43,44, 51 and 54 and Section 46 of the Code when the property is tobe attached in one town or village only, one fee 20. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When property is to be attached in more than onetown or village, then the fee abovementioned for the first townor village specified in the order of attachment, and anadditional fee of[five rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every other town or village:Provided that the aggregate amount of the fees levied under thisArticle shall not exceed[thirty rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).].  
Article 5. - Every warrant of arrest in respect of eachperson to be arrested 10. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
Article 6. - *#Every order for the sale of property-  
  (a) in respect of sale 20. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
  (b) by way of poundage on the full amount of thepurchase money-  
  If the sale be effected through a broker underOrder XXI, Rule 76 of the Code- The Commission payableto the broker and in addition a sum equal to one quarter of suchcommission.  
  On sales conducted by civil courts, where theproperty pays no revenue to Government, at the rate of[nine percent] [Substituted by Notification No. 387/X-b-88, dated 23-7-1980 (w.e.f. 30-5-1981).].  
Article 7. - In respect of the services of the officer makingdelivery of possession of property under Order XXI, Rules 31, 35,36, 95, 96, 98, or 101 of the Code when the property is to bedelivered in one town or village only, one fee 10. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When property is to be delivered in more thanone town or village, then the fee abovementioned for the firsttown or village specified in the warrant of delivery, and anadditional fee of[Rs. 5.00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every other town or village :Provided that the aggregate amount of the fees levied under thisArticle shall not exceed[twenty rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).].  
Article 8. - Notice, proclamation, injunction or other ordernot specified in any preceding Article of this part, when thecopies to be served or posted are not more than two in number,one fee 10. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
When such copies are more than two in number,then the fee abovementioned for the first two, and an additionalfee of[Rs. 5.00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]for every such copy in excess of two :Provided that the aggregate amount of the fees levied under thisArticle shall not exceed[twenty rupees] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).].  
Article 9. - *##If the service of process, other than a warrantfor the arrest of the person be declared "emergent". 10. [00] [Substituted by Notification No.337/X-b-88, dated 26-7-1996. (w.e.f. 28-9-1996).]
*Note. - When a District Judge, Civil Judge or Judge of a Court of Small Causes invested with the powers of the Civil Judge is exercising original jurisdiction In any suit in which this amount or value of the subject-matter does not exceed two thousand rupees, the fee; chargeable will be those prescribed in Fart II or Part III, as the case may be.**Note. - Fees will be paid under this Article in advance for such period as the court may from time to time direct.***Note. - The portion (a) of this fee must be paid when the process is obtained and the poundage.
(b)at the time and in the manner prescribed in Rules 371, 372 or 373.
#Note. - The fee will be payable in addition to the ordinary dees specified in Articles 1,2 or 9 of this Part.##Note. - The portion (a) of this fee must be paid when the process is obtained and the poundage.
(b)at the time and in the manner prescribed in Rules 371, 372 or 373.
###Note. - This will be payable in addition to the ordinary fees specified in Article 2 or 8 of this Part.*#Note. - The portion (a) of this fee must be paid when the process is obtained and the poundage.
(b)at the time and in the manner prescribed in Rules 371, 372 or 373.
*##Note. - This fee will be payable in addition to the ordinary fee specified in Articles 1, 2 or 8 of this Part.[For every process under Parts I, II and III of this rule in which the services of an Amin are involved, an additional fee of [Rs. 10.00] [Added by Notification No. 99-VIII-b-135, dated 23 March, 1959, published in U. P. Gazette, Part II, dated 29th August, 1959.] shall be charged to cover the travelling allowance of the Amin and his peon :][Provided that where the amount works out to any fraction of a rupee below 25 Paise, or above 25 Paise but below 50 Paise, or above 50 Paise but below 75 Paise or above 75 paise but below one rupee the amount shall be rounded of to the next higher quarter of a rupee] [Added by Notification No. 101/VIII-b-1, dated 28th February, 1962, , published in U. P. Gazette, Part II, dated 9-6-1962.].Note. - Notwithstanding Rule [565] [Substituted by Notification No. 101/VIII-b-1, dated 28th February, 1962, published in U.P. Gazette Part II, dated 9-6-1962.], fees for processes in execution of a decree or order for money shall be charged, irrespective of the grade of the court issuing such process and of the value of the original suit, according to the amount, including interest, if any due, upon the decree or order ; that is to say if such amount exceeds Rs. 2,000, fees shall be charged under Part I; if it be Rs. 2,000 or less and more than Rs. 50, they should be charged under Part II; and if it does not exceed Rs. 50, they should be charged under Part III.