State of Odisha - Act
The Orissa Court-fees (Amendment) Act, 1939
ODISHA
India
India
The Orissa Court-fees (Amendment) Act, 1939
Rule THE-ORISSA-COURT-FEES-AMENDMENT-ACT-1939 of 1939
- Published on 1 January 1939
- Commenced on 1 January 1939
- [This is the version of this document from 1 January 1939.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
- (i) This Act may be called the Orissa Court-fees (Amendment) Act, 1939.2. Repeal of enactments.
- The Acts mentioned in Schedule 'A' to this Act, so far as they apply to the whole or any part of the Province of Orissa, are hereby repealed to the extent specified in the third column of that Schedule.3. Amendment of Section 2 of Act VII of 1870.
- For Section 2 of the Court-fees Act, 1870 (VII of 1870) (hereinafter called the principal Act), the following section shall be substituted :2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
4. Amendment of Section 6 of Act VII of 1870.
- Section 6 of the principal Act shall be re-numbered as Sub-section (1) of Section 6 and after the said sub-section, the following sub-section shall be inserted :"(2) Notwithstanding anything contained in Sub-section (1), the Provincial Government may, by notification, direct that a copy of a document, specified as chargeable in Schedules I and II to this Act annexed, shall be furnished by a public officer without payment of the fee indicated by either of the said Schedules as the proper fee for such copy and the copy so furnished shall be chargeable with the requisite fee only when it is filed, exhibited or record in any Court of Justice or received by a public officer as mentioned in Sub-section (1)."5. Amendment of Section 7 of Act VII of 1870.
- In Section 7 of the principal Act, for the words "in the suits next hereinafter mentioned" the words "in the suits next hereinafter mentioned except suits for relief under Section 14 of the Religious Endowments Act. 1863 (XX of 1863) or under Section 91 or Section 92 of the Code of Civil Procedure, 1908 (V of 1908)" shall be substituted.6. Amendment of Section 7 (ii) of Act VII of 1870.
- In Section 7 (ii) of the principal Act, after the words "shall be deemed to be" the words "in suits for maintenance five times and in other suits" shall be inserted.7. Omission of Clause (b) of section 7 (iv) of Act VII of 1870.
- Clause (b) of Section 7 (iv) of the principal Act shall be omitted.8. Insertion of new paragraph (iv-A) in Section 7 of Act VII of 1870.
- In Section 7 of the Principal Act, after paragraph (iv) the following paragraph shall be inserted :"(iv-A) In a suit for cancellation of a decree for money or other property having a money-value, or other document securing money or other property having such value, according to the subject-matter of the suit, and such value shall be deemed to be -If the whole decree or other document is sought to be cancelled, the amount or the value of the property for which the decree was passed or other document executed ;If a part of the decree or other documents sought to be cancelled, such part of the amount or value of the property.Explanation - In any case where a suit for the cancellation of a whole decree for money or other property having a money value, or other document securing money or other property having such value has to be instituted, but the substantial relief claimed is only in respect of a part of the amount or the value of the property for which the decree was passed for the other document was executed, the value of the subject-matter of the suit shall be deemed to be such part of the amount or value of the property in respect of which the relief is sought."9. Amendment of paragraph (v) of Section 7 of the Act VII of 1870.
- In paragraph (v) of Section 7 of the principal Act -10. Insertion of new paragraph (vi-A) in Section 7 of Act VII of 1870.
- In Section 7 of the principal Act after paragraph (vi) the following paragraph shall be inserted :"(vi-A) In suits for partition and separate possession of a share of joint family property or of joint property, or to enforce a right to a share in any property on the ground that it is joint family property or joint property-If the plaintiff alleges that he has been excluded from possession of the property of which he claims to be a coparcener or co-owner according to the market-value of the share in respect of which the suit is instituted.Explanation - The word "possession" for this purposes of this paragraph includes constructive possession."11. Insertion of new Section 8-A in Act VII of 1870.
- After Section 8 of the principal Act, the following section shall be inserted :"8-A Statement of particulars of subject-matter of suits and plaintiff's valuation thereof - In every suit in which an ad valorem Court-fee is payable under this Act on the plaint, the plaintiff shall file with the plaint a statement of particulars of the subject-matter of the suit-and his own valuation thereof unless such particulars and the valuation are contained in the plaint. The statement shall be in such form and shall contain such particulars as may be prescribed by the Provincial Government by notification in the Gazette. In every such suit the plaintiff shall also, if the Court so directs, file a duplicate copy of the plaint and of said statement."12. Amendment of Section 11 of Act VII of 1870.
- For the second paragraph of Section 11 of the principal Act the following paragraph shall be substituted ;"Where a decree directs an enquiry as to mesne-profits which are accrued on the property during a period prior to the institution of the suit, if the profits ascertained on such inquiry exceed the profits claimed, no final decree shall be passed till the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the claim for the excess shall be dismissed, unless the Court, for sufficient cause, extends the time for payment.Where a decree directs an inquiry as to mesne-profits from the institution of the suit and a final decree is passed in accordance with the result of such inquiry the decree shall not be executed until such fee is paid as would have been payable on the amount claimed in execution if a separate suit had been instituted therefor."13. Amendment of Section 12 of Act VII of 1870.
- In Section 12 of the principal Act, for paragraph (ii) the following paragraph shall be substituted :"(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided, it shall :14. Amendment of Section 18 of Act VII of 1870.
- In Section 18 of the principal Act, for the words "eight annas" the words "one rupee" shall be substituted.15. Amendment of Section 35 of Act VII of 1870.
- For Section 35 of the principal Act, the following section shall be substituted :"35 Power to suspend, reduce or remit fees. - (1) Provincial Government may, from time to time, subject to such conditions or restrictions as it may think fit to impose, by notification in the Gazette, suspend the payment of or reduce or remit, in the whole of Orissa or in any part thereof, all or any of the fees mentioned in Schedules I and II to this Act annexed and may in like manner cancel or vary such order.16. Amendment of Article 1 of Schedule I of Act VII of 1870.
- For Article 1 of Schedule I of the principal Act the following Article shall be substituted :-| Number | — | Proper fee | ||
| (1) Plaint, written statement pleading a setoff or counter claim or memorandum of appeal (not otherwiseprovided for in this Act) presented to any Civil or RevenueCourt except those mentioned in Section 3. | When the amount or value of the subject-matterin dispute does not exceed five rupees | Six annas. | ||
| When such amount or value exceeds five rupees,for every five rupees, or part thereof, in excess of fiverupees, up to one hundred rupees | Six annas. | |||
| When such amount or value exceeds one hundredrupees, for every ten rupees or part thereof in excess of onehundred rupees, up to five hundred rupees | One rupee | |||
| When such amount or value exceeds five hundredrupees, for every ten rupees, or part thereof, in excess of fivehundred rupees, up to one thousand rupees | One rupee two annas. | |||
| When such amount or value exceeds one thousandrupees, for everyone hundred rupees, or part thereof, in excessof one thousand rupees, up to seven thousand five hundred rupees | Seven rupees eight annas. | |||
| When such amount or value exceeds seventhousand five hundred rupees, for every two hundred and fiftyrupees, or part thereof, in excess of seven thousand fivehundred rupees, up to ten thousand rupees | Fifteen rupees. | |||
| When such amount or value exceeds ten thousandrupees, for every five hundred rupees, or part thereof, inexcess of ten thousand rupees, up to twenty thousand rupees | Twenty-two rupees eight annas. | |||
| When such amount or value exceeds twentythousand rupees, for every one thousand rupees, or part thereof,in excess of twenty thousand rupees, up to thirty thousandrupees | Thirty rupees. | |||
| When such amount or value exceeds thirtythousand rupees, for every two thousand rupees, or part thereof,in excess of thirty thousand rupees, up to fifty thousand rupees | Thirty rupees. | |||
| When such amount or value exceeds fiftythousand rupees for every five thousand rupees, or part thereof,in excess of fifty thousand rupees | Thirty-seven rupees eight annas. |
17. Insertion of new Article 3 and 3-A in Schedule I of Act VII of 1870.
- In Schedule I of the principal Act after Article 2, the following Article shall be inserted :| "3. Plaint, or written statement pleading aset-off or counter claim in any suit of the nature cognisable bya Court of Small Causes when the amount or value of thesubject-matter does not exceed Rs. 500 | When the amount or value of the subject-matterin dispute does not exceed five rupees | Six annas. | ||
| When such amount or value exceeds five rupees,for every five rupees, or part thereof, in excess of five rupees,up to one hundred rupees | Six annas. | |||
| When such amount or value exceeds one hundredrupees, for every ten rupees or part thereof, in excess of onehundred rupees, up to five hundred rupees | Twelve annas. | |||
| 3-A. plaint or memorandum of appeal in each ofthe following suits | When the value for purposes of jurisdiction doesnot exceed three thousand rupees | Fifteen rupees. | ||
| (i) to obtain a declaratory decree where noconsequential relief is prayed ; | When such value exceeds three thousand rupeesbut does not exceed four thousand rupees | Fifty rupees. | ||
| (ii) to set aside an award | When such value exceeds four thousand rupees,for every two thousand rupees, or part thereof, in excess of fourthousand rupees, up to ten thousand rupees | Fifty rupees. | ||
| (iii) to obtain a declaration that an allegedadoption is invalid or never in fact took place or to obtain adeclaration that an adoption is valid | When such value exceeds ten thousand rupees, forevery ten thousand rupees, or part thereof, in excess of tenthousand rupees, up to fifty thousand rupees | Fifty rupees. | ||
| When such value exceeds fifty thousand rupees,for every fifty thousand rupees, or part thereof, in excess offifty thousand rupees | One hundred rupees. |
18. Amendment of Article 6 of Schedule I of Act VII of 1870.
- In the third column of Article 6 of Schedule I of the principal Act -19. Amendment of Article 7 of Schedule I of Act VII of 1870.
- For Article 7 of Schedule I of the principal Act the following Article shall be substituted| "Copy of decree or order having the force of a decree | When such decree or order is made by a Munsif'sCourt or a Court of Small Causes, or a Revenue Court- | ||
| (a) if the amount or value of the subject-matterof the suit wherein such decree or order is made does not exceedone hundred rupees | Eight annas. | ||
| (b) if such amount or value exceeds one hundredrupees but does not exceed one thousand rupees | One rupee. | ||
| (c) if such amount of value exceeds one thousandrupees | One rupee eight annas. | ||
| When such decree or order is made by the Courtof a District Judge or of a Subordinate Judge | Three rupees. | ||
| When such decree or order is made by a HighCourt | Three rupees, if the amount or value of thesubject-matter of the suit wherein such decree or order is madedoes not exceed one thousand rupees ; six rupees, if such amountor value exceeds one thousand rupees. |
20. Amendment of Article 9 of Schedule I of Act VII of 1870.
- In the third column of Article 9 of Schedule I of the principal Act, for the words "eight annas" the words "twelve annas" shall be substituted.21. Amendment of table of rates and insertion of new tables in Schedule I of Act VII of 1870.
- For the table of rates of ad valorem fees annexed to Schedule I of the principal Act, the tables set forth in Schedule 'B' to this Act shall be substituted.22. Amendment of Article 1 of Schedule II of Act VII of 1870.
- In Article 1 of Schedule II of the principal Act -| (i) | When presented to a High Court under section 115 of the Codeof Civil Procedure, 1908 (V of 1908) for revision of an order- | |
| (a) | when the value of the suit or proceedings to which the orderrelates does not exceed one thousand rupees | Five rupees. |
| (b) | when the value of the suit or proceeding exceeds on thousandrupees | Ten rupees. |
| (ii) | when presented to a High Court otherwise than under thatsection | Two rupees." |
23. Amendment of Article 1-A of Schedule II of Act VII of 1870.
- In the third column of Article 1-A of Schedule II of the principal Act, for the words "twelve annas" the words "one rupee" shall be substituted.24. Amendment of Article 10 of Schedule II of VII of 1870.
- In Article 10 of Schedule II of the principal Act -in the third column -25. Amendment of Article 11 of Schedule II of Act VII of 1870.
- In Article 11 of Schedule II of the principal Act -26. Amendment of Article 12 of Schedule II of Act VII of 1870.
- In the third column in Article 12 of schedule II of the Principal Act, for the words "five rupees" the words "ten rupees" shall be substituted.27. Amendment of Article 12 of Schedule II of Act VII of 1870.
- In the third column in Article 14 of Schedule II of the principal Act, for the words "five rupees" the words "ten rupees" shall be substituted.28. Amendment of Article 17 and insertion of new Article 17. - A in Schedule II of Act VII of 1870.
- For Article 17 of Schedule II of the principal Act the following two Articles shall be substituted :| "17. Plaint of memorandum of appeal in asuit - | ||||
| (i) to alter or set aside a summary decision ororder of any of the Civil Courts not established by Letter Patentor of any Revenue Court, | Fifteen rupees. | |||
| (ii) to alter or cancel any entry in a registerof the names of the proprietors of revenue-paying estates, | Fifteen rupees. | |||
| (iii) for relief under Section 14 of thereligious Endowments Act, 1863 (XX of 1863), or under Section 91or Section 92 of the code of Civil Procedure, 1908, (V of 1908). | Fifteen rupees. | |||
| "17-A. Plaint or memorandum of appeal inevery suit where it is not possible to estimate at a money valuethe subject-matter in dispute and which is not otherwise providedfor by this Act. | When the plant is presented to, or thememorandum of appeal is against the decree of - | |||
| (a) a Revenue Court in the district of Ganjam orKoraput; | Ten rupees | |||
| (b) any other Revenue Court, or any Court of aDistrict Judge, Subordinate Judge or Munsif. | Fifteen rupees if the value for purposes ofjurisdiction does not exceed four thousand rupees ; one hundredrupees if such value exceeds four thousand rupees." |