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State of Jharkhand - Section

Section 397 in Civil Court Rules of the High Court of Judicature at Patna

397.

The fees in the following tables shall be charged for serving and executing the several process against which they are respectively ranged:-
Nature of process Table of fees
1. In Courts of District Judges.2. In Courts ofSubordinate Judges.3. In Courts of Munsifs and Revenue Courtswhere the suit in which process is issued is valued at over Rs.1,000 In Courts of Munsifs and of Small Causes and in Revenue Courtswhere the suit in which process is issued does not exceed Rs.1,000 and exceeds Rs. 50 in value. In Courts of Munsifs and of Small Causes and in Revenue Courtswhere the suit does not exceed Rs. 50 in value.
1 2 3 4
  Rs. P. Rs. P. Rs. P.
Article 1.- In every case in which personal orsubstituted service of any process on parties to the cause isrequired, where not more than four persons are to be served withthe same document - one fee. 3.00 1.50 0.75
When such persons are more than four in number, then the feeabove mentioned and an additional fee as mentioned in the tablefor every such person in excess of four. 0.75 0.40 0.40
Article 2.- In every case falling within columns 2 and3 in which personal or substituted service of any process on anypersons who are not parties is required, when the number of suchpersons is not more than four - one fee. 3.00 1.50 ...
When there are more than four such persons, then the feesabove mentioned for the first four, and an additional fee asmentioned in the table for every one in excess of that number. 0.75 0.40 ...
In every case falling within column 4 in respect of a similarprocess for each person. ... ... 0.40
Article 3.- Where process of attachment of property byactual seizure is issued-      
(a) for the seizure under the order of attachment; 3.00 1.50 0.75
(b) for each man necessary to ensure safe custody of propertyso attached when such man is actually in possession, per diem. 0.56 0.40 0.40
Article 4.- For the proclamation and publication ofany order of prohibition under Order XXI, Rule 54 of the Code ofCivil Procedure, irrespective of the number of such proclamationsor publications. 3.00 1.50 1.50
Article 5.- For the publication by posting up of acopy or copies of the notification of any proceeding or processnot specially mentioned in any article irrespective of the numberof such publications. 3.00 1.50 1.50
Article 6.- For executing a decree by the arrest ofthe person or for executing a warrant of arrest before judgement. 15.00 6.00 1.50
Article 7.- Where an order for the sale of property isissued-      
(a) for proclaiming the order of sale under Order XXI, Rule 66of the Code of Civil Procedure, a fee of- 3.00 1.50 1.50
(b) for settling the property, percentage or poundage on thegross amount realized by the sale up to Rs. 1,000 a the rate of - 2.00 per cent 2.00 per cent 2.00 per cent
together with a further fee on all excess of gross proceedsbeyond Rs. 1,000 at the rate of - 1.00 per cent 1.00 per cent 1.00 per cent
Article 8.- For service of any process not specifiedin any preceding articles. 3.00 1.50 1.50
Note 1. - (1) When process of attachment mentioned in article 3 is issued in a number of cases relating to the same or neighbouring villages, the fee (a) must be paid in each case, the daily fee (b) only for the men actually employed.
(2)The daily fee (b) is to be deposited with the Cashier as peremptory receipt at the time of obtaining the process for so many days, as the Court shall order, not being ordinarily less than fifteen days, and the number of days required for the coming and going of the officer; but where the officer is not to be left in possession, then the daily fee is to be deposited only for the time to be occupied by the officer going, effecting the attachment and returning. When the inventory filed by the judgement-creditor shows the property to be of such small value that the expense of keeping it in custody may probably exceed the value the Court shall fix the daily fee with reference to the provisions of Order XXI, Rule 43 of the Code of Civil Procedure:Provided that, if it appears that for any reasons the number of days fixed by the Court under this note, and in respect of which fees have been paid, is likely to be exceeded and the decree-holder desires to maintain the attachment, the decree-holder shall apply to the Court to fix such further number of days as may be necessary and the additional fees in respect thereof shall be deposited in advance. If such additional fees be not paid within the period originally fixed and in respect of which fees have been paid, the attachment shall cease on the expiry of the period.The Nazir will purchase a Court-Fee Stamp of the amount actually incurred in deputing a peon and affix it to the process under the signature of the presiding officer in payment of the fees. The balance of the deposit, if any, will be available for refund to the party.Note 2. - (1) When a sale of immovable property mentioned in Article 7 is set aside, under section 47, or under Order XXI, Rule 58, or under Order XXI, Rule 92 of the Code of Civil Procedure, or under section 174 of the Bihar Tenancy Act (Act VIII of 1885), any poundage or other fee charged for selling the property shall, on application, be refunded.
(2)The fee under clause (a) must be paid when the process is obtained. The percentage or poundage under clause (b) must be paid (1) in a case where the purchaser is a person other than the decree-holder, at the time of making the application for payment of the proceeds of sale out of Court, as provided in Rule 400 and (2) in a case where the decree-holder has been permitted to purchase, at the time of the presentation of his application for permission to set off the purchase-money against the amount of his decree as provided in Rule 401.
(3)The percentage leviable under this article shall be calculated on multiples of Rs. 25 (i.e., a poundage fee of 50 paise should be levied for every Rs. 25 or part of Rs. 25 realized by the sale upto Rs. 1,000 and in the cases of the proceeds of the sale exceeding Rs. 1,000 an additional fee of 25 paise for every Rs. 25 or part thereof should be levied).
(4)In cases in which several properties are sold in satisfaction of one decree, only one poundage fee, calculated on the gross sale-proceeds should be levied, 2 per cent, being charged on the gross sale-proceeds up to Rs. 1,000 and one per cent, on such proceeds exceeding Rs. 1,000.