What is the court fee for declaration suit


for filing suit for declaration and mandatory injunction what amount of court fee is to be affixed for both reliefs. Suit is to be filed in whose court Senior Civil Judge or Civil Judge? filing and presentation of suit is done on the same day or presentation before judge on some other day other than filing day.


Answers (1)

hearing of the case will only take place after the said filed civil suit in the said civil court. 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.


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