Understanding Court Fees in Civil Suits – How Much to Pay & When?
Understanding Court Fees in Civil Suits – How Much to Pay & When?
Introduction
Ever wondered why courts ask for a fee before hearing your civil case? This Court Fee is a mandatory charge levied by the State on civil litigation. Whether you're filing a property case, money recovery suit, or a divorce petition, court fees apply. Let’s break it down in simple terms.
?? What is Court Fee?
Court fee is a kind of revenue collected by the government when a case is filed in a civil court. The amount depends on the nature of the suit, relief claimed, and the valuation of the subject matter.
?? Types of Suits That Attract Court Fees
Money Recovery Suits
Partition and Property Suits
Specific Performance Suits
Declaratory Suits
Injunctions
Probate and Succession Petitions
Family Law Matters (limited fee)
?? How is Court Fee Calculated?
Court fee is calculated on the value of the relief sought, which may be:
Market value of immovable property (property suits)
Monetary claim in money suits
Annual rent or revenue for tenancy-related suits
Fixed fee for declaratory reliefs and injunctions
?? Example:
If you file a recovery suit for Rs 5,00,000 in Delhi, you may need to pay Rs 7,300 as court fee (based on local Court Fees Act).
?? Which Law Governs Court Fees?
Court Fees Act, 1870 (central law, applicable in many states)
State-specific Court Fees Acts (like Maharashtra, Tamil Nadu, Karnataka, etc.)
Some states like Delhi, UP, Rajasthan, Gujarat follow slab-based structure while others follow percentage-based calculation.
?? How to Pay Court Fee?
Court fees can be paid via:
Non-judicial stamp paper
E-court fee portal (for states like Delhi, Maharashtra, UP)
Physical court fee stamps
Attach the court fee proof with the plaint or petition at the time of filing.
?? What if Court Fee Is Not Paid?
Your case can be rejected under Order VII Rule 11 CPC.
You may be asked to make up the deficit in a given time.
Repeated default can lead to dismissal of the suit.
?? Tips to Avoid Court Fee Issues
Always consult your lawyer about the correct fee before filing.
Refer to state-specific Court Fee Schedules.
Use e-court fee portals for transparency and ease.
Mention correct valuation in the plaint to avoid objections.
?? Format: How to Mention Court Fee in Plaint
That the value of the suit for purposes of court fee and jurisdiction is Rs ____. Appropriate court fee of Rs ____ has been affixed through e-stamp No. _______ dated ______.
Conclusion
Court fee is not just a technicality—it’s a legal necessity. Filing without the correct court fee can delay or derail your case. A good lawyer always ensures accurate valuation and compliance with local court fee laws.
