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State of Jharkhand - Section

Section 426 in Civil Court Rules of the High Court of Judicature at Patna

426.

(i)The advocates' and pleaders' fees shall be in the discretion of the Court.
The following scale of advocates' and pleaders' fees shall ordinarily be allowed to the successful party:-
Amount or value of the claim decreed or dismissed   fee  
Not exceeding Rs. 5,000 ... 5 per cent to 10 per cent.
Exceeding Rs. 5,000 but not exceeding Rs. 20,000 ... 5 per cent to 10 per cent on Rs. 5,000 and 2 per cent to 3per cent on the balance.
Exceeding Rs. 20,000 but not exceeding Rs. 50,000 ... As above on Rs. 20,000 and 1 per cent to 2 per cent on thebalance.
Exceeding Rs. 50,000 ... As above on Rs. 50,000 and ½ per cent to 1 per cent on the balance.
Provided that the minimum fee to be allowed shall be Rs. 10 in contested cases and Rs. 5 in uncontested cases. For the purpose of this proviso, suits tried together may be regarded as one suit, unless the Court otherwise directs.Note 1. - In cases under Part III of the Land Acquisition Act (1 of 1894) such fees will be calculated on the amount decreed in excess of the sum tendered by the Collector.Note 2. - In uncontested cases the fee shall not exceed half the fee calculated as above unless the Court otherwise directs.Note 3. - When several defendants having a joint or common interest succeed upon a joint defence or upon separate defences substantially the same not more than one advocate's or pleader's fee shall be allowed unless the Court otherwise directs for a reason which shall be recorded. If several defendants having separate interest set up separate and distinct defences and succeed thereon a fee for one advocate or pleader for each of the defendants who shall appear by a separate advocate or pleader may be allowed in respect of his separate interest.Note 4. - A probate case which the Court certifies to have been seriously contested shall be treated as an original suit for assessment of advocates or pleaders's fee.
(ii)In Execution and Miscellaneous proceedings and appeals-
In the Court of a District or Subordinate Judge Not exceeding Rs. 150.
In the Court of a Munsif... Not exceeding Rs. 50.
Note. - A specific sum shall be awarded as payable on account of the adversary's advocate's or pleader's fee and award of such sum shall be distinctly recorded at the foot of the order unless each party is directed to bear his own costs.
(iii)In Review and Remand Cases:-
Half the fee otherwise admissible under these rules.