587. [ Fees allowable on taxation in miscellaneous cases and miscellaneous appeals. [Substituted by Notification No. 70/VIII-b-188, dated 31-1-1989, w.e.f. 26-8-1989, published in U. P. Gazette, dated 26-8-1989.]
- In all proceedings or appeals registered as miscellaneous cases and revisions, the fees allowable on taxation shall be of those prescribed by Rule 585, if the matter is decided on contest, but it shall be one-fourth if it is decided ex parte or without contest or dismissed for default or non-prosecution :Provided that in all such matters decided ex parte or without contest or dismissed for default or non-prosecution, the Court may, having regard to the stage at which the matter is decided allow on taxation a higher or lower fee than that prescribed by this rule :Provided further that notwithstanding that they are registered as a miscellaneous case or are treated to be a separate case no fees shall be allowable on taxation on any petition or application.(i)for leave to file a suit or appeal, subject, however, to the fees allowable on taxation to the Government pleader under Rule 588 in proceedings for leave to sue or an appeal as an indigent person or for an order that the plaintiff or the appellant is not an indigent person;(ii)under or of the nature of Section 5 of Limitation Act, 1963;(iii)for an interlocutory order or a stay order or for modification or discharge of an interlocutory order or stay order already granted;(iv)for review of a decree or an order ;(v)for setting aside an ex parte decree or order in a suit, appeal or other proceeding or for restoration of a suit, appeal or other proceeding dismissed for default in appearance or for want of prosecution or any such cause;(vi)for substitution of heirs of a deceased party in a suit or appeal or other proceeding or for setting aside an abatement thereof;(vii)for execution of a decree or order subject to the provisions of Rule 589, that is to say if an objection or an application of the nature prescribed by that rule is filed, the fees allowable on taxation shall be those prescribed by Rule 589, otherwise no fees shall be allowable on taxation in proceedings for execution of decrees or orders.]
