What will be the court fee and is it necessary to deposit it

561 votes

Suit is not maintainable without payment of advalorem court fees on cancellation of an instrument. The fees is payable as per the consideration mentioned in the instrument. It has nothing to do with circle or market rate. You can move application under order 33 of CPC if u r indegent for permanent exemption of court fees.

Advocate Rajesh Rai LawRato

987 votes

You have not disclosed the area and categary . So it is not possible to calculate the court fees.
If you have not money and you wants to file a case for declaration and injucntion than go for pauper suit if you comes under the categary of pauper
Thanks and regards

Advocate Anand Verdhan Maitreya LawRato

751 votes

Court fee in the cases are decided according to the Court Fee Act wherein the court fee is mentioned as per state. The court fee also depends upon the nature of dispute like Suit for recovery, suit for possession etc and relevant provisions are made applicable. In your case circle rate is not the criterion to decide court fee. What is important in the case where the suit for possession is filed is the total worth of the property shown in the plaint and the share of possession being sought when the plaintiff is not in the possession. If the plaintiff is in possession of the property and share with declaration is claimed , it would be a different scenario. In the case of suit of permanent injunction and declaration as mentioned , the court fee will not be paid on the basis of value of property, circle rate etc and the nominal court fee for declaration and injunction will apply. However if the possession is claimed as a relief , in addition to the above nominal court fee , the court fee will be paid according to the share of possession being claimed . As you have asked , ( if the suit is not for possession) the relief of declaration, injunction with other consequential relief can be sought depending upon the facts and circumstances of the case.

Advocate Krishan Kanhiya Makhija LawRato