Rajasthan Court Fees and Suits Valuation Act, 1961
No: 23 Dated: Aug, 26 1961
The Rajasthan Court Fees and Suits Valuation Act, 1961
Act No. 23 of 1961
An Act to amend and consolidate the law relating to court-fees and valuation of suits in the State of Rajasthan.
Be it enacted by the Rajasthan State Legislature in the Twelfth Year of the Republic of India as follows: -
CHAPTER I
Preliminary.
1. Short title, extent and commencement. -(1) This Act may be called the Rajasthan Court-fees and Suits Valuation Act, 1961.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
2. Application of Act. - (1) The provisions of this Act shall not apply to documents presented or to be presented before an officer serving under the Central Government.
(2) Where any other law contains provisions relating to the levy of fee in respect of proceedings under such other law, the provisions of this Act relating to the levy of fee in respect of such proceedings shall apply subject to the said provisions of such other law.
3. Definitions. - In this Act. unless the subject or context otherwise requires. -
(i) "appeal" includes a cross objection;
(ii) "Court" means any Civil, Revenue or Criminal Court and includes a Tribunal or other authority having jurisdiction under any special or local law to decide questions affecting the rights of parties;
(iii) "prescribed" means prescribed by rules made under this Act; and
(iv) expressions used and not defined in this Act or in the Rajasthan General Clauses Act, 1955 (Rajasthan Act 8 of 1955), but defined in the Code of Civil Procedure, 1908 (Central Act 5 of 1908). shall have the meanings respectively assigned to them in the said Code.
CHAPTER II
Liability to Pay Fee.
4. Levy of fee in Courts and Public offices. - No document which is chargeable with fee under this Act shall -
(i) be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or
(ii) be filed, exhibited or recorded in any public office, or be acted on or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated as chargeable under this Act:
Provided that, whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid, is in the opinion of the Court necessary to prevent a failure of justice, nothing contained in this section shall be deemed to prohibit such filling or exhibition.
5. Fees on documents inadvertently received. - When a document on which the whole or any part of the fee prescribed by this Act has not been paid is produced or has, through mistake or inadvertence, been received in any Court or public office, the court or the head oi the office may, in its or his discretion at any time, allow the person by whom such fee is payable to pay the fee or part thereof, as the case may be within such time as may be fixed; and upon such payment the document shall have the same force and effect as if the full fee had been paid in the first instance.
6. Multifarious suits. - (1) In any suit in which separate and distinct reliefs are sought based on the same cause of action, the plaint shall be chargeable with a fee on the aggregate value of the reliefs:
Provided that, if a relief is sought only as ancillary to the main relief the plaint shall be chargeable only on the value of the main relief.
(2) Where more reliefs than one based on the same cause of action are sought in the alternative in any suit, the plaint shall be chargeable with the highest of the fees leviable on the reliefs.
(3) Where a suit embraces two or more distinct and different causes of action and separate reliefs are sought based on them, either alternatively or cumulatively, the plaint shall be chargeable with the aggregate amount of the fees with which plaints would be chargeable under this Act if separate suits were instituted in respect of the several causes of action:
Provided that, where the causes of action in respect of reliefs claimed alternatively against the same person arise out of the same transaction, the plaint shall be chargeable only with the highest of the fees chargeable on them.
(4) Nothing in sub-section (3) shall be deemed to affect any power conferred upon a Court under rule 6 of Order II of the Code of Civil Procedure, 1908 (Central Act 5 of 1908).
(5) The provisions of this section shall apply mutatis mutandis to memoranda of appeals, applications, petitions and written statements.
Explanation. - For the purpose of this section, a suit for possession of immovable property and for mesne profits shall be deemed to be based on the same cause of action.