The Andhra Pradesh Court-fees and Suits Valuation Act, 1956.
**THE ANDHRA PRADESH COURT-FEES AND SUITS VALUATION ACT, 1956**

**ACT No. VII of 1956**

**CHAPTER I**

**PRELIMINARY**


1. Short title, extent and commencement


2. Application of Act


3. Definitions


**CHAPTER II**

**LIABILITY TO PAY FEE**


4. Levy of fee in Courts and public offices


5. Collection of proper fee on documents


6. Multifarious suits


7. Determination of market value


8. Set-off or counter-claim


9. Documents falling under two or more descriptions


**CHAPTER III**

**DETERMINATION OF FEE**

10. Statement of particulars of subject-matter of suit and plaintiff’s

valuation thereof


11. Decision as to proper fee


12. Relinquishment of portion of claim

13. Fee payable on written statements


14. Fee payable on appeals, etc.


15. Fee payable on petitions, applications, etc.


16. Court-fee Examiners


17. Inquiry and commission


18. Notice to the State Government


**CHAPTER IV**

**COMPUTATION OF FEE**


19. Fee how computed


20. Suits for money


21. Suits for immovable property


22. Suits for maintenance and annuities


23. Suits for movable property


24. Suits for declaration


25. Adoption suits


26. Suits for injunction


27. Suits relating to trust property


28. Suits for possession under the Specific Relief Act, 1877


29. Suits for possession not otherwise provided for


30. Suits relating to easements

31. Suits relating to mortgages


32. Suits for accounts


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33. Suits for dissolution of partnership


34. Partition suits


35. Suits for joint possession


36. Administration suits


37. Suits for cancellation of decrees, etc.


38. Suits to set aside attachment, etc.


39. Suits for specific performance


40. Suits between landlord and tenant


41. Suits for mesne profits


42. Suits under the Andhra Pradesh Survey and Boundaries Act,

1923


43. Suits to alter or cancel entry in a register


44. Suits relating to public matters


45. Interpleader suits


46. Third party proceedings


47. Suits not otherwise provided for


48. Fee on memorandum of appeal against order relating to

compensation


49. Appeals


**CHAPTER V**

**VALUATION OF SUITS**


50. Suits not otherwise provided for


51. Procedure where objection is taken on appeal or revision that a


suit or appeal was not properly valued for jurisdictional
purposes

**CHAPTER VI**

**PROBATES, LETTERS OF ADMINISTRATION AND**

**CERTIFICATES OF ADMINISTRATION**


52. Application for probate or letters of administration


53. Levy of fee


54. Grant of probate


55. Relief in cases of several grants


56. Inquiry by the Collector


57. Application to Court and powers of Court


58. Provision for cases where insufficient fee has been paid


59. Administrator to give proper security before letters are stamped


60. Relief when fee has been paid in excess


61. Recovery of penalties, etc.


62. Powers of Board of Revenue


**CHAPTER VII**

**REFUNDS AND REMISSIONS**


63. Refund in cases of rejection of plaint, etc., for delay


64. Refund in cases of remand


65. Refund in cases of review


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66. Refund of fee paid by mistake or inadvertence


66-A. Refund of fee


67. Exemption of certain documents


68. Power to reduce or remit fees


**CHAPTER VIII**

**MISCELLANEOUS**


69. Collection of fees by stamps


70. Stamps to be impressed or adhesive


71. Amended document


72. Cancellation of stamp

73. Deduction to be made


74. Penalty


75. Power of High Court to make rules


76. Power of Board of Revenue to make rules


77. Power of Government to make rules


78. Continuance in force of existing rules


79. Repeal and saving


**SCHEDULE I**

**SCHEDULE II**

**SCHEDULE III**


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**1THE ANDHRA PRADESH COURT-FEES AND SUITS VALUATION ACT, 1956**

**ACT No. VII of 1956**

[22[nd] March, 1956]


**AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO COURT-**

**FEES AND VALUATION OF SUITS IN THE** **2[STATE OF ANDHRA**

**PRADESH].**

WHEREAS it is necessary and expedient to amend and consolidate the law
relating to court-fees and valuation of suits in the [2][State of Andhra Pradesh].


BE it enacted in the Seventh Year of the Republic of India as follows:

**CHAPTER I**

**PRELIMINARY**

**1. Short title, extent and commencement - (1) This Act may be called** [3][the
Andhra Pradesh Court-fees and Suits Valuation Act, 1956].

(2) [4][It extends to the whole of the State of Andhra Pradesh].

(3) It shall come into force on such date as the State Government may, by

notification in the [5][Andhra Pradesh 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) The provisions of this Act relating to the levy of fee shall be subject to


the provisions of any other law relating to the levy of fee in respect of
proceedings under such law.

**3. Definitions - In this Act, unless the 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 [6][the Andhra
Pradesh General Clauses Act, 1891 (Act I of 1891),] but defined in
Code of Civil Procedure, 1908 (Central Act V of 1908), shall have
the meanings respectively assigned to them in the said Code.

1.For Statement of Objects and Reasons, see Andhra Gazette, dated 28th November, 1955 Part
IV-A, page 196.
This Act was extended to the territories specified in sub-section (1) of section 3 of the
States Reorganisation Act, 1956 (Central Act 37 of 1956) by section 2 of the Andhra Pradesh
Court-fees and Suits Valuation (amendment) Act, 1958 (Andhra Pradesh Act IV of 1958),
repealing the corresponding law in force in those territories.
2. Substituted for the words “State of Andhra” by section 3, ibid.
3. Substituted for the words original short title by the First Schedule to the Andhra Pradesh
Laws (Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).
4. Substituted for the original sub-section by section 4 of the Andhra Pradesh Court-fees and
Suits Valuation (amendment) Act, 1958 (Andhra Pradesh Act IV of 1958)
5. Substituted for the words “Andhra Gazette” by the Andhra Pradesh Adoption of Laws Order,
1957.
6. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws
(Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).


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**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, except on payment of the fee
chargeable in respect of such document under this Act:


Provided that a document in respect of which the proper fee has not been


paid may be filed or exhibited in a Criminal Court if the Court deems it
necessary in the interests of justice to do so.

**5. Collection of proper fee on documents - When a document on which the**
whole or any part of the fee payable under this Act has not been paid is
produced or received in any Court or public office, the Court or the head of the
office may, at any time, direct 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 be dealt with 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**
based on the same cause of action are sought, the plaint shall be chargeable
with a fee on the aggregate value of the reliefs:

Provided that if a relief sought is only 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)(a) Where a suit is based on two or more distinct and different causes of

action and separate reliefs are sought in respect thereof, either alternatively or
cumulatively, the plaint shall be chargeable with the aggregate amount of the
fees that would be chargeable on the plaints under this Act if separate suits
were instituted in respect of the several causes of action:

Provided that, where the cause 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.

(b) Nothing in this sub-section shall be deemed to affect any power
conferred upon a Court by rule 6 of Order II in the First Schedule to the
Code of Civil Procedure, 1908 (Central Act 5 of 1908).

(4) 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 therefrom shall be deemed to be
based on the same cause of action.

**7. Determination of market value - Save as otherwise provided, where the fee**
payable under this Act depends on the market value of any property, such
value shall be determined as on the date of presentation of the plaint.

**8. Set-off or counter-claim - A written statement pleading a set-off or**
counter-claim shall be chargeable with fee in the same manner as a plaint.

**9. Documents falling under two or more descriptions - A document falling**
within two or more descriptions in this Act shall, where the fees chargeable
thereunder are different, be chargeable only with the highest of such fees:


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Provided that, where one of such descriptions is special and another

general, the fee chargeable shall be the fee appropriate to the special
description.

**CHAPTER III**

**DETERMINATION OF FEE**

**10. Statement of particulars of subject-matter of suit and plaintiff’s**
**valuation thereof - In every suit in which the fee payable under this Act on the**
plaint depends on the market value of the subject-matter of the suit, the
plaintiff shall file with the plaint, a statement in the prescribed form, of
particulars of the subject-matter of the suit and his valuation thereof unless
such particulars and the valuation are contained in the plaint.

**11. Decision as to proper fee - (1)(a) In every suit the Court shall, before**
ordering the plaint to be registered, decide on the allegations contained in the
plaint and on the materials furnished by the plaintiff the proper fee payable
thereon.

(b) The decision of the Court under clause (a) regarding the proper fee
payable shall be subject to review from time to time as occasion requires.

(2) Any defendant may plead that the subject-matter of the suit has not


been properly valued or that the fee paid is not sufficient. All questions arising
on such pleas shall be heard and decided before the hearing of the suit as
contemplated by Order XVIII in the First Schedule to the Code of Civil
Procedure, 1908 (Central Act 5 of 1908). If the Court decides that the subjectmatter of the suit is not properly valued or that the fee paid is not sufficient,
the Court shall fix a date before which the subject-matter of the suit shall be
valued in accordance with the Court’s decision and the deficit fee shall be paid.
If within the time allowed, the subject-matter of the suit is not valued in
accordance with the Courts decision or if the deficit fee is not paid, the plaint
shall be rejected and the Court shall pass such order as it deems just regarding
costs of the suit.

(3)(a) A Court of Appeal, in which an appeal is filed, may, either of its


own motion or on the application of any party, consider the correctness of any
order passed by the lower Court regarding the fee payable on the plaint or
written statement or in any other proceeding in the lower Court and determine
the proper fee payable thereon.

**Explanation - The power exercisable by a Court of appeal under this**


clause shall be exercisable even if the appeal relates only to a part of the
subject –matter of the suit.

(b) If the Court of Appeal decides that the fee paid in the lower
Court is not sufficient, the Court shall require the party liable to
pay the deficit fee within such time as may be fixed by it.

(c) If the deficit fee is not paid within the time fixed and the default
is in respect of a relief which has been dismissed by the lower
Court and which the appellant seeks in appeal, the appeal shall be
dismissed, but if the default is in respect of a relief which has been
decreed by the lower Court, the deficit fee shall be recoverable as if
it were an arrear of land revenue.

(d) If the fee paid in the lower Court is in excess of the proper fee
the Court shall direct the refund of the excess to the party who is
entitled to it.

(4) Any question relating to the value for the purpose of determining the


jurisdiction of Courts shall be heard and decided before the hearing of the suit
as contemplated by Order 18 in the First Schedule to Code of Civil Procedure,
1908 (Central Act 5 of 1908).

**12. Relinquishment of portion of claim - A plaintiff who has been required to**
pay additional fee may relinquish a part of his claim and apply to have the


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plaint so amended that the fee paid is sufficient for the claim made in the
plaint as amended. The Court may allow such application on such terms as it
considers just,the Court may permit the plaintiff at any later stage of the suit
to add to the claim the part so relinquished on payment of the additional fee.

**13. Fee payable on written statements - Where fee is payable under this Act**
on a written statement filed by a defendant, the provisions of section 11 shall
apply to the determination and levy of the fee payable on such written
statement, the defendant concerned being regarded for the said purpose as the
plaintiff and the plaintiff or the co-defendant or the third party against whom
the claim is made being regarded as the defendant.

**14. Fee payable on appeals, etc., - The provisions of section 10 to 12 relating**
to the determination and levy of fee on plaints in suits shall apply mutatis
mutandis to the determination and levy of fee in respect of a memorandum of
appeal, cross-objection or other proceeding in second appeal or in an appeal
under the Letters Patent.

**15. Fee payable on petitions, applications, etc., - The provisions of section**
10 to 12 shall apply to the determination and levy of fee in respect of petitions,
applications and other proceedings in Courts in the same way as they apply to
the determination and levy of fee on plaints in suits.

**16. Court-fee Examiners - (1) The High Court may depute officers to be**
designated Court-fee Examiners to inspect the records of subordinate Courts
with a view to examine the correctness of the valuation of subject-matter and
sufficiency of fee in respect of proceedings in such Courts, and orders, if any
passed by the Courts in relation thereto.

(2) Questions relating to valuation of subject-matter and sufficiency of fee


in respect of proceedings in a Court raised in reports submitted by such Courtfee Examiners shall be heard and decided by such Courts.

**17. Inquiry and commission - For the purpose of deciding whether the**
subject-matter of a suit or other proceeding has been properly valued or
whether the fee paid is sufficient, the Court may hold such inquiry as it
considers necessary and may, if it thinks fit issue a commission to any person
directing him to make such local or other investigation as may be necessary
and to report thereon to the Court.

**18. Notice to the State Government - In any inquiry relating to the fee**
payable on a plaint, written statement, petition, memorandum of appeal or
other document, or to the valuation of the subject-matter of the claim to which
the plaint, written, statement, petition, memorandum of appeal or other
document relates, in so far as such valuation affects the fee payable, the Court
may, if it considers it just or necessary to do so, give notice to the State
Government; and where such notice is given, the State Government shall be
deemed to be a party to the suit or other proceeding as regards the
determination of any question in the enquiry aforesaid and the Court’s decision
on such question shall, where it passes a decree or final order in such suit or
proceeding, form part of such decree or final order.

**CHAPTER IV**

**COMPUTATION OF FEE**


**19. Fee how computed - The fee payable under this Act shall be computed in**
accordance with the provisions of this Chapter, Chapter VI, Chapter VIII and
Schedules I and II.

**20. Suits for money - In a suit for money (including a suit for damages, or**
compensation, or arrears of maintenance, of annuities, or of other sums
payable periodically), fee shall be computed on the amount claimed.


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**21. Suits for immovable property - Subject to the other provisions of this Act,**
in a suit relating to immovable property, fee shall be computed on threefourths of the market value of the property.

**22. Suits for maintenance and annuities - In the suits hereinafter**
mentioned, fee shall be computed as follows :
(a) in a suit for maintenance, on the amount claimed to be payable
for one year;

(b) in a suit for enhancement or reduction of maintenance, on the
amount by which the annual maintenance is sought to be
enhanced or reduced;

(c) in a suit for annuities or other sums payable periodically, on
five times the amount claimed to be payable for one year:

Provided that, where the annuity is payable for less than five years, the

fee shall be computed on the aggregate of the sums payable.

**23. Suits for movable property - (1) In a suit for movable property other than**
documents of title, fee shall be computed

(a) where the subject-matter has a market value, on such value; or


(b) where the subject-matter has no market value, on the amount
at which the relief sought is valued in the plaint or at which such
relief is valued by the Court, whichever is higher.

(2) (a) In a suit for possession of documents of title, fee shall be computed


on one-fourth of the amount or of the market value of the property secured by
the document where the plaintiff’s title to the money or the property secured by
the document is denied:

Provided that where such denial relates only to a portion of the amount or


property, fee shall be computed on one-fourth of such portion of the amount or
on one-fourth of the market value of such portion of the property.

(b) In a suit for possession of documents of title, where the plaintiff’s
title to the money or the property secured by the document is not
denied, fee shall be computed on the amount at which the relief sought
is valued in the plaint or at which such relief is valued by the Court,
whichever is higher.


**Explanation - The expression “document to title” means a document**


which purports or operates to create, declare, assign, limit or extinguish,
whether in present or in future any right, title or interest, whether vested or
contingent, in any property.

**24. Suits for declaration - In a suit for a declaration with or without**
consequential relief, not falling under section 25 
(a) where the prayer is for a declaration and for possession of the
property to which the declaration relates, fee shall be computed on
the market value of the movable property or three-fourths of the
market value of the immovable property or on rupees three
hundred, whichever is higher;

(b) where the prayer is for a declaration and for consequential
injunction and the relief sought is with reference to any immovable
property, fee shall be computed on one-half of the market value of
the property or on rupees three hundred, whichever is higher;

(c) where the prayer relates to the plaintiff’s exclusive right to use,
sell, print or exhibit any mark, name, book, picture, design or
other things and is based on an infringement of such exclusive
right, fee shall be computed on the amount at which the relief
sought is valued in the plaint or at which such relief is valued by
the Court, whichever is higher;


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(d) in other cases, whether the subject-matter of the suit is capable
of valuation or not, fee shall be computed on the amount at which
the relief sought is valued in the plaint or at which such relief is
valued by the Court, whichever is higher.

**25. Adoption suits - In a suit for a declaration involving a question as to the**
factum or validity of an adoption, fee shall be computed on one-half of the
market value of the movable and immovable property involved in, or affected by
such declaration or on rupees five hundred, whichever is higher.


**26. Suits for injunction - In a suit for injunction-**


(a) where the relief sought relates to any immovable property, and
where the plaintiff’s title to the property is denied, fee shall be
computed on one-half of the market value of the property or on
rupees two hundred, whichever is higher;

(b) where the relief sought relates to the plaintiff’s exclusive right to
use, sell, print or exhibit any mark, name, book, picture, design or
other thing and is based on an infringement of such exclusive
right, fee shall be computed on the amount at which the relief
sought is valued in the plaint or at which such relief is valued by
the Court, whichever is higher.

(c) in any other case, whether the subject-matter of the suit has a
market value or not, fee shall be computed on the amount at which
the relief sought is valued in the plaint or at which such relief is
valued by the Court, whichever is higher.

**27. Suits relating to trust property - (1) In a suit for possession or joint**
possession of trust property or for a declaration, with or without consequential
relief, between trustees or rival claimants to the office of trustee or between a
trustee and a person who has ceased to be a trustee, fee shall be computed on
one-fifth of the market value of the property subject to a maximum fee of
rupees two hundred or where the property has no market value, on rupees one
thousand.

(2) Where the property has no market value, value for the purpose of

determining the jurisdiction of Courts shall be the amount stated in the plaint.


**Explanation –For the purpose of this section, property comprised in a**


Hindu, Muslim or other religious or charitable endowment shall be deemed to
be trust property and the manager of any such property shall be deemed to be
the trustee thereof.

**28. Suits for possession under the Specific Relief Act, 1877 - In a suit for**
possession of immovable property under section 9 of the Specific Relief Act,
1877 (Central Act 1 of 1877), fee shall be computed on one-half of the market
value of the property or on rupees two hundred, whichever is higher.

**29. Suits for possession not otherwise provided for - In a suit for possession**
of immovable property not otherwise provided for, fee shall be computed on
three-fourths of the market value of the property or on rupees three hundred,
whichever is higher.

**30. Suits relating to easements - In a suit relating to an easement by the**
dominant or the servient owner, fee shall be computed on the amount at which
the relief sought is valued in the plaint or at which such relief is valued by the
Court, whichever is higher:

Provided that, where compensation is claimed in addition to the relief


relating to such easement, fee shall be paid on the amount claimed as
compensation in addition to the fee payable on the relief relating to the
easement.


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**31. Suits relating to mortgages - (1) In a suit to recover the money due on a**
mortgage, whether the sale of the mortgaged property is prayed for or not, fee
shall be computed on the amount claimed.

(2) If the holder of a prior mortgage or charge impleaded as a defendant


in such a suit prays in his written statement for the determination of the
amount due on his mortgage or charge and for a direction in the decree for the
payment of such amount to him, fee shall be payable on the written statement
computed on the amount claimed:

Provided that, where the holder of the prior mortgage or charge has paid

a fee in any other proceeding on the claim to which his written statement
relates, credit shall be given for the fee paid by him in such other proceeding.

(3) Where, in such a suit, the mortgaged property is sold and the holder

of a prior or subsequent mortgage or charge applies for payment to him, out of
the sale proceeds, of the amount due on his mortgage or charge, such holder of
the prior or subsequent mortgage or charge shall pay on his application a fee
computed on the amount claimed by him:

Provided that, where the holder of a prior or subsequent mortgage or

charge is a party to the suit in which the sale was held and has paid fee on the
written statement filed by him in the suit, no fee shall be payable by him on the
application for payment out of the sale proceeds:

Provided further that, where the holder of a prior or subsequent

mortgage or charge, not being a party to the suit in which the sale is held, has
paid a fee in any other proceeding on the claim to which his application relates,
credit shall be given for the fee paid by him in such other proceeding.

(4) In a suit by a co-mortgagee, fee shall be computed on the amount


claimed on the entire mortgage:

Provided that, where any other co-mortgagee impleaded as defendant in


such suit claims on the entire mortgage a sum larger than that claimed in the
plaint, the difference between the fee computed on the entire sum claimed in
such defendant’s written statement and the fee computed on the entire sum
claimed in the plaint shall be payable on the written statement.

(5) (a) In a suit by a sub-mortgagee to recover the amount claimed on the


sub-mortgage by sale of the mortgagee’s interest in the mortgaged property, fee
shall be computed on the amount claimed under the sub-mortgage.

(b) In a suit by a sub-mortgagee, if the prayer is for the sale of the
property mortgaged to the original mortgagee and the original
mortgagor is also impleaded as a defendant, fee shall be computed
on the entire amount claimed on the original mortgage which is
sub-mortgaged to him.

(6) Where the holder of a prior or subsequent mortgage or charge is


impleaded in a suit by a co-mortgage to which sub-section (4) applies, or in a
suit by a sub-mortgage to which sub-section (5) applies, the provisions of subsections (2) and (3) shall apply mutatis mutandis to a written statement or an
application filed by such holder of mortgage or charge.

(7) Where the original mortgage who is impleaded in a suit to which the


provisions of sub-section (5)(b) apply claims on the mortgage sub-mortgaged by
him a larger amount than is claimed in the plaint, the provisions of sub-section
(4) shall apply mutatis mutandis to the written statement of such original
mortgagee.

(8) In a suit against a mortgagee for redemption of a mortgage, fee shall


be computed on the amount due on the mortgage as stated in the plaint or on
one-fourth of the principal amount secured under the mortgage, whichever is
higher:


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Provided that, where the amount due on the mortgage is found to be

more than the amount on which fee has been paid by the plaintiff, no decree
shall be passed until the deficit fee is paid:

Provided further that, in the case of any usufructuary or anomalous


mortgagee, if the plaintiff prays for redemption as well as for accounts of
surplus profits, fee shall be levied separately on the relief for accounts as in a
suit for accounts.

(9) In a suit by a mortgagee to foreclose the mortgage or, in the case of a


mortgage by conditional sale, to have the sale declared absolute, fee shall be
computed on the amount claimed in the plaint.

**32. Suits for accounts- (1) In a suit for accounts, fee shall be computed on the**
amount estimated in the plaint.

(2) Where the amount payable to the plaintiff as ascertained in the suit is

in excess of the amount as estimated in the plaint, no decree directing payment
of the amount as so ascertained shall be passed until the difference between
the fee actually paid and the fee that would have been payable had the suit
comprised the whole of the amount so ascertained, is paid.

(3) Where in any such suit it is found that any amount is payable to the


defendant, no decree shall be passed in his favour until he pays the fee due on
the amount.

(4) Whether or not a decree is passed under sub-section (2) or sub

section (3), the fee payable under either of the said sub-sections shall be
recoverable as if it were an arrear of land revenue.

**33. Suits for dissolution of partnership - (1) In a suit for dissolution of**
partnership and accounts or for accounts of dissolved partnership, fee shall be
computed on the value of the plaintiff’s share in the partnership as estimated
by the plaintiff.

(2) If the value of the plaintiff’s share as ascertained in the suit exceeds

the value as estimated in the plaint, no decree, or where there has been a
preliminary decree, no final decree shall be passed in favour of the plaintiff, no
payment shall be made out of the assets of the partnership and no property
shall be allotted towards the plaintiff’s share, until the difference between the
fee actually paid and the fee that would have been payable had the suit
comprised the whole of the value so ascertained, is paid.

(3) No final decree shall be passed in favour of a defendant, no payment


shall be made out of the assets of the partnership and no property shall be
allotted towards his share in any such suit until the fee computed on the
amount or value of his share of the assets of the partnership is paid.

(4) Whether or not a decree is passed, payment made or property allotted


under sub-section (2) or sub-section (3), the fee payable under either of the
said sub-sections shall be recoverable as if it were an arrear of land revenue.

**34. Partition suits - (1) In a suit for partition and separate possession of a**
share of joint family property or of property owned, jointly or in common, by a
plaintiff who has been excluded from possession of such property, fee shall be
computed on the market value of the movable property or three-fourths of the
market value of the immovable property included in the plaintiff’s share.

(2) In a suit for partition and separate possession of joint family property

or property owned,jointly or in common, by a plaintiff who is in joint
possession of such property, fee shall be paid at the following rates:
When the plaint is presented to

(i) a District Munsif’s Court…    Rupees fifty.


(ii) a Subordinate Judge’s Court


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or a District Court …     Rupees one hundred if the value


of plaintiff’s share is less
than Rs.10,000.

Rupees two hundred if the
value is not less than Rs.
10,000.

(3) Where, in a suit falling under sub-section (1) or sub-section (2), the


plaintiff or the defendant seeks also cancellation of decree or other document of
the nature specified in section 37, separate fee shall be payable on the relief of
cancellation in the manner specified in that section.

**35. Suits for joint possession - In a suit for joint possession of joint family**
property or of property owned, jointly or in common, by a plaintiff who has
been excluded from possession, fee shall be computed on the market value of
the movable property or three-fourths of the market value of the immovable
property included in the plaintiff’s share.

**36. Administration suits - (1) In a suit for the administration of an estate, fee**
shall be levied on the plaint at the rates specified in section 47.

(2) Where any amount or share or part of the assets of the estate is found


due to the plaintiff, and the fee computed on the amount or the market value of
such share or part of the assets exceeds the fee paid on the plaint, no payment
shall be made and no decree directing payment of money or confirming title to
such share or part of the assets shall be passed until the difference between
the fee actually paid and the fee computed on the amount or value of such
share or part of such assets is paid.

(3) No payment shall be made and no decree directing payment of money

or confirming title to any share or part of the assets of the estate shall be
passed in favour of a defendant in a suit for administration until the fee
computed on the amount or value of such share or part of such assets is paid
by such defendant.

(4) In computing the fee payable by a plaintiff or by a defendant under


sub-section (2) or sub-section (3), credit shall be given for the fee, if any, paid
by such plaintiff or by such defendant in any other proceeding in respect of the
claim on the basis of which such amount or share or part of the assets of the
estate becomes due to such plaintiff or to such defendant.

(5) Whether or not payment is made or decree passed under sub-section


(2) or sub-section (3), the fee payable under either of the said sub-sections
shall be recoverable as if it were an arrear of land revenue.

**37. Suits for cancellation of decrees, etc. - (1) In a suit for cancellation of a**
decree for money or other property having a money value, or other document
which purports or operates to create, declare, assign, limit or extinguish,
whether in present or in future, any right, title or interest in money, movable or
immovable property, fee shall be computed on the value of the subject-matter
of the suit, and such value shall be deemed to be 
(a) if the whole decree or other document is sought to be cancelled,
the amount or value of the property for which the decree was
passed or other document was executed;

(b)if a part of the decree or other document is sought to be
cancelled, such part of the amount or of the value of the property.

(2) If the decree or other document is such that the liability under it

cannot be split up and the relief claimed relates only to a particular item of
property belonging to the plaintiff or to the plaintiff’s share in any such
property, fee shall be computed on the value of such property or share or on
the amount of the decree, whichever is less.

**Explanation - A suit to set aside an award shall be deemed to be a suit**


for cancellation of a decree within the meaning of this section.


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**38. Suits to set aside attachment, etc. - (1) In a suit to set aside an**
attachment by a Civil or Revenue Court of any movable or immovable property
or of any interest therein or of any interest in revenue or to set aside an order
passed on an application made to set aside the attachment, fee shall be
computed on the amount for which the property was attached or on one-fourth
of the market value of the property attached, whichever is less.


(2) In a suit to set aside any other summary decision or order of a Civil or


Revenue Court, if the subject-matter of the suit has a market value, fee shall
be computed on one-fourth of such value, and in other cases, fee shall be
payable at the rates specified in section 47.

**Explanation - For the purposes of this section, the Registrar of Co-**

operative Societies shall be deemed to be a Civil Court.

**39. Suits for specific performance - In a suit for specific performance, with or**
without possession, fee shall be payable
(a) in the case of a contract of sale, computed on the amount of the
consideration;

(b) in the case of a contract of mortgage, computed on the amount
agreed to be secured by the mortgage;

(c) in the case of a contract of lease, computed on the aggregate
amount of the penalty or premium, if any, and of the average of the
annual rent agreed to be paid;

(d) in the case of a contract of exchange, computed on the amount
of the consideration, or as the case may be, on the market value of
the movable property or three-fourths of the market value of the
immovable property sought to be taken in exchange;

(e) in other cases, where the consideration for the promise sought
to be enforced has a market value, computed on the market value
of the movable property or three-fourths of the market value of the
immovable property or where such consideration has no market
value, at the rate specified in section 47.

**40. Suits between landlord and tenant - (1) In the following suits between**
landlord and tenant, namely:
(a) for the delivery by a tenant of the counter part of a lease or for
acceptance of patta in exchange for a muchilika;


(b) for the enhancement of rent;


(c) for the delivery by a landlord of a lease or for obtaining a patta
in exchange for a muchilika;

(d) for the recovery of possession of immovable property from which
a tenant has been illegally ejected by the landlord;


(e) for establishing or challenging a right of occupancy;


fee shall be levied on the amount of rent for the immovable
property to which the suit relates, payable for the year next before
the date of presenting the plaint.

(2) In a suit for recovery of immovable property from a tenant including a


tenant holding over, fee shall be computed on the premium, if any, and on the
rent payable for the year next before the date of presenting the plaint.

**Explanation - Rent includes also damages for use and occupation**


payable by a tenant holding over.


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(3) In an appeal from a suit to contest a distraint under sub-section (1) or


sub-section (2) of section 95 of [1][the Andhra Pradesh (Andhra Area) Estates
Land Act, 1908 (Act I of 1908),] or to contest the right of sale under section 112
of that Act, fee shall be charged on the amount of the arrears for which the
distraint has been made or the sale is proposed to be held.

**41. Suits for mesne profits - (1) In a suit for mesne profits or for immovable**
property and mesne profits therefrom, fee shall, in respect of mesne profits, be
computed on the amount claimed as mesne profits. If the profits ascertained to
be due to the plaintiff are in excess of the profits as claimed, no decree shall be
passed until the difference between the fee actually paid and the fee that would
have been payable had the suit comprised the whole of the profits so
ascertained is paid.

(2) Where a decree directs an enquiry as to the mesne profits which have

accrued on the property, whether prior or subsequent to the institution of the
suit, no final decree shall be passed until the difference between the fee
actually paid and the fee that would have been payable had the suit comprised
the whole of the profits accrued due till the date of such decree is paid.

(3) Where, for a period subsequent to the date of the decree or final


decree, such decree or final decree directs payment of mesne profits at a
specified rate such decree or final decree shall not be executed until the fee
computed on the amount claimed in execution is paid.

(4) Whether or not a decree is passed under sub-section (1) or sub

section (2) or executed under sub-section (3), the fee payable under any of the
said sub-sections shall be recoverable as if it were an arrear of land revenue.

**42. Suits under the Andhra Pradesh Survey and Boundaries Act, 1923 - In**
a suit under section 14 of [1][the Andhra Pradesh Survey and Boundaries Act,
1923 (Act VIII of 1923),] fee shall be computed on one-half of the market value
of the property affected by the determination of the boundary or on rupees
three hundred, whichever is higher.

**43. Suits to alter or cancel entry in a register - In a suit to alter or cancel**
any entry in a register of the names of proprietors of revenue-paying estates,
the fee payable shall be fifteen rupees.

**44. Suits relating to public matters - In a suit for relief under section14 of**
the Religious Endowments Act, 1863 (Central Act 20 of 1863), or under section
91 or section 92 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908),
the fee payable shall be fifty rupees.

**45. Interpleader suits - (1) In an interpleader suit, fee shall be payable on the**
plaint at the rates specified in section 47.

(2) Where issues are framed regarding contentions of the claimants, fee


shall be computed on the amount of the debt or the money or the market value
of the movable property or three-fourths of the market value of the immovable
property, which forms the subject-matter of the suit. In levying such fee, credit
shall be given for the fee paid on the plaint; and the balance of the fee shall be
paid in equal shares by the claimants who claim the debt or the sum of money
or the property adversely to each other.

(3) Value for the purpose of determining the jurisdiction of Courts shall


be the amount of the debt, or the sum of money or the market value of the
movable property or three-fourths of the market value of the immovable
property to which the suit relates.

1. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws
(Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).


-----

**46. Third party proceedings - In third party proceedings, fee shall be levied**
on one-half of the value of the contribution or indemnity claimed against a
third party or against co-defendant if a claim is made against him:

Provided that, if the suit against the defendant who has filed the third


party notice is dismissed, wholly or in part, he shall be entitled to a refund of
the whole or a proportionate part of the fee paid by him.

**Explanation - The provisions of this section shall also apply to counter –**


claims made in third party proceedings.

**47. Suits not otherwise provided for - In suits not otherwise provided for, fee**
shall be payable at the following rates: 

When the amount or value of the subject-matter in dispute

(i) is less than Rs.3,000..         Rupees fifty.


(ii) is not less than Rs.3,000,
but does not exceed Rs. 5,000. Rupees one hundred.

(iii) exceeds Rs. 5,000
but does not exceed Rs. 10,000. Rupees two hundred.
(iv) exceeds Rs. 10,000  ..     Rupees three hundred.

**48.** **Fee** **on** **memorandum** **of** **appeal** **against** **order** **relating** **to**

**compensation - The fee payable under this Act on a memorandum of appeal**
against an order relating to compensation under any Act for the time being in
force for the acquisition of property for public purposes shall be computed on
the difference between the amount awarded and the amount claimed by the
appellant.

**49. Appeals - The fee payable in an appeal shall be the same as the fee that**
would be payable in the Court of first instance on the subject-matter of the
appeal:

Provided that, in levying fee on a memorandum of appeal against a final

decree by a person whose appeal against the preliminary decree passed by the
Court of first instance or by the Court of appeal is pending, credit shall be
given for the fee paid by such person in the appeal against the preliminary
decree.

**Explanation (1) – Where the appeal is against the refusal of a relief or**

against the grant of the relief, the fee payable in the appeal shall be the same
as the fee that would be payable on the relief in the Court of the first instance.

**Explanation (2) – Costs shall not be deemed to form part of the subject –**

matter of the appeal except where such costs form themselves the subject –
matter of the appeal or relief is claimed as regards costs on grounds additional
to, or independent of, the relief claimed regarding the main subject-matter in
the suit.

**Explanation** (3) - In claims which include the award of interest


subsequent to the institution of the suit, the interest accrued during the
pendency of the suit till the date of decree shall be deemed to be part of the
subject-matter of the appeal except where such interest is relinquished.

**Explanation (4) – Where the relief prayed for in the appeal is different**

from the relief prayed for or refused in the Court of first instance, the fee
payable in the appeal shall be the fee that would be payable in the Court of
first instance on the relief prayed for in the appeal.

**Explanation (5) – Where the market value of the subject-matter of the**

appeal has to be ascertained for the purpose of computing or determining the


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fee payable, such market value shall be ascertained as on the date of
presentation of the plaint.

**CHAPTER V**

**VALUATION OF SUITS**


**50. Suits not otherwise provided for - (1) If no specific provision is made in**
this Act or in any other law regarding the value of any suit for the purpose of
determining the jurisdiction of Courts, value for that purpose and value for the
purpose of computing the fee payable under this Act shall be the same.


(2) In a suit where fee is payable under this Act at a fixed rate, the value


for the purpose of determining the jurisdiction of Courts shall be the market
value of the movable property or three-fourths of the market value of the
immovable property or, where it is not possible to estimate it at a money value
the amount stated in the plaint.

**51. Procedure where objection is taken on appeal or revision that a suit or**
**appeal** **was** **not properly** **valued** **for** **jurisdictional purposes - (1)**

Notwithstanding anything contained in Section 99 of the Code of Civil
Procedure, 1908 (Central Act 5 of 1908), an objection that, by reason of the
overvaluation or under-valuation of a suit or appeal, a Court of first instance or
lower appellate Court, which had no jurisdiction with respect to the suit or
appeal, exercised jurisdiction with respect thereto shall not be entertained by
an appellate Court, unless
(a) such objection was taken in the Court of first instance at or
before the hearing at which issues were first framed or in the lower
appellate Court in the memorandum of appeal to that Court, or

(b) the appellate Court is satisfied, for reasons to be recorded by it
in writing, that the suit or appeal was over-valued or under-valued
and that the over-valuation or under-valuation thereof has
prejudicially affected the disposal of the suit or appeal on its
merits.

(2) Where such objection was taken in the manner mentioned in clause


(a) of subsection (1), but the appellate Court is not satisfied as to both the
matters mentioned in clause (b) of that sub-section, it shall, if it has before it
the materials necessary for the determination of the other grounds of appeal to
itself, dispose of the appeal as if there had been no defect of jurisdiction in the
Court of first instance or lower appellate Court.

(3) Where such objection was taken in that manner and the appellate

Court is satisfied as to both those matters, it shall, if those materials are not
before it, proceed to deal with the appeal or remand the suit or appeal for
disposal in accordance with the directions of the appellate Court.

(4) The provisions of this section with respect to an appellate Court shall,

so far as may be, apply to a Court exercising revisional jurisdiction under any
law for the time being in force.


**CHAPTER VI**


**PROBATES, LETTERS OF ADMINISTRATION**


**AND**


**CERTIFICATES OF ADMINISTRATION**


**52. Application for probate or letters of administration -(1) Every**
application for the grant of probate or letters of administration shall be
accompanied by a valuation of the estate in duplicate in the Form set forth in
Part I of Schedule III.

(2) On receipt of such application, the Court shall send a copy thereof


and of the valuation to the Collector of the district in which the estate is
situated, or if the estate is situated in more than one district to the Collector of


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the district in which the portion of the estate, the aggregate value of which is
the highest is situated.

**53. Levy of fee - (1) The fee chargeable for the grant of probate or letters of**
administration shall be calculated at the rate or rates specified in the Article 6
of Schedule I 
(a) where the application is made within one year of the date of
death of the deceased, on the market value of the estate on such
date; or

(b) where the application is made after the expiry of one year from
such date, on the market value of the estate on the date of
application:


Provided that no fee shall be leviable under this Chapter on any property


held in trust not beneficially or with general power to confer a beneficial
interest.


**Explanation- Any member of a joint Hindu family governed by the**


Mitakshara Law who applies for probate or letters administration in respect of
the estate of a deceased member of the joint family shall pay a fee on the value
of the share in the joint property which the deceased would have received if a
partition of the property had been made immediately before his death.


(2) For the purpose of the computation of fee 

(a) the value of the items mentioned in Annexure B to Part I of
Schedule III shall be deducted from the value of the estate:


Provided that when an application is made for probate or letters of


administration in respect of only part of an estate, no debt, no expenses
connected with any funeral rites or ceremonies and no mortgage encumbrance
on any part of the estate other than that in respect of which the application is
made shall be deducted:

Provided further that when, after the grant of a certificate under Part X of


the Indian Succession Act, 1925, (Central Act 39 of 1925), regarding any
property included in an estate, a grant of probate or letters of administration is
made in respect of the same estate, the fee payable for the latter grant shall be
reduced by the amount of the fee paid for the former grant;

(b) the power of appointment which the deceased had over any
property or which was created under a will shall be taken into
account, the value being taken to be the value of the property
forming the subject-matter of the power.

**54. Grant of probate - (1) The grant of probate or letters of administration**
shall not be delayed by reason of the reference to the Collector under subsection (2) of section 52; but the Court shall not grant probate or letters of
administration unless it is satisfied that the fee chargeable under this Act has
been paid on the basis of the net value of the estate as furnished in the
valuation accompanying the application or in the amended valuation filed
under sub-section (3) of section 56.

(2) Notwithstanding anything contained in sub-section (1), the Court

may, without the payment of the proper fee, grant probate or letters of
administration to the Administrator-General in his official capacity on his
giving an undertaking to the satisfaction of the Court that the said fee will be
paid within such time as may be fixed by the Court.

**55. Relief in cases of several grants - (1) Whenever a grant of probate or**
letters of administration has been made in respect of the whole of the property
belonging to an estate and the full fee payable under this Act in respect of the
application for such grant has been paid thereon, no fee shall be payable when


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a like grant is made in respect of the whole or any part of the same property
belonging to the same estate.

(2) Whenever such grant has been made in respect of any property

forming part of an estate, the amount of fee actually paid under this Act for
such grant shall be deducted when a like grant is made in respect of the
property belonging to the same estate identical with or including the property
to which the former grant relates.

**56. Inquiry by the Collector - (1) The Collector to whom a copy of the**
application and of the valuation has been sent under sub-section (2) of section
52, shall examine the same and may make or cause to be made by any officer
subordinate to him such inquiry, if any, as he thinks fit as to the correctness of
the valuation or where a part only of the property is situated in his district, of
the valuation of that part, and may require the Collector of any other district in
which any part of the property is situated to furnish him with the correct
valuation thereof.

(2) Any Collector required under sub-section (1) to furnish the correct


valuation of any property shall comply with the requisition after making or
causing to be made by any officer subordinate to him such inquiry, if any, as
he thinks fit.

(3) If the Collector is of opinion that the applicant has underestimated


the value of the property of the deceased, he may, if he thinks fit, require the
attendance of the applicant, either in person or by his agent, and take evidence
and inquire into the matter in such manner as he may think fit, and if he is
still of opinion that the value of the property has been underestimated, may
require the applicant to amend the valuation, and, if the application for probate
or letters of administration is pending in Court, to file a copy of the amended
valuation in such Court.

(4) If, in any such case, the probate or letters of administration has or


have been granted and the applicant amends the valuation to the satisfaction
of the Collector and the Collector finds that the fee payable according to the
true value of the estate has not been paid in full, he shall proceed under subsection (4) of section 58; and if the fee paid is in excess of that payable
according to the true value of the estate, the excess fee shall be refunded to the
applicant.

(5) (a) If the applicant does not amend the valuation to the satisfaction of

the Collector, the Collector shall move the Court to which the application for
probate or letters of administration was made for holding an inquiry into the
true value of the property.

(b) The Collector shall not move the Court under clause (a) after
the expiry of six months from the date on which the inventory
required by section 317 of the Indian Succession Act, 1925
(Central Act 39 of 1925), is exhibited.

**57. Application to Court and powers of Court - (1) The Court shall, when**
moved by the Collector under sub-section (5) of section 56, hold or cause to be
held by any Court or officer subordinate to it an inquiry as to the true value at
which the estate of the deceased should have been estimated. The Collector
shall be deemed to be a party to the inquiry.

(2) For the purposes of any such inquiry the Court, or any Court or


officer subordinate to it authorised by the Court to hold the inquiry, may
examine the applicant on oath either in person or by commission, and may
take such further evidence as may be produced to prove the true value of the
estate, and where the inquiry has been entrusted to a Subordinate Court or
officer, such Court or officer shall return to the Court the evidence taken and
report the result of the inquiry and such report and the evidence so taken shall
be evidence in the proceedings.

(3) The Court on the completion of the inquiry or on receipt of the report

referred to in sub-section (2), as the case may be, shall record a finding as to


-----

the true value at which the estate should have been estimated and such
finding shall be final.

(4) The Court may make such order as to the costs of the inquiry as it


thinks fit.

**58. Provision for cases where insufficient fee has been paid - (1) Where**
insufficient fee has been paid on any probate or letters of administration on
account of any mistake or of want of knowledge at the time that some
particular part of the estate belonged to the deceased, if any executor or
administrator, acting under such probate or letters, applies to the Collector in
the Form set forth in Part II of Schedule III and pays within six months of the
discovery of the mistake or of any effects not known at the time to have
belonged to the deceased, the difference between the fee which ought to have
been paid in the first instance on such probate or letters and the fee actually
paid, the Collector shall, if satisfied that insufficient fee was paid in the first
instance on account of a mistake and without any intention to defraud or to
delay the payment of the proper fee, cause the probate or letters to be duly
stamped.

(2) If, in a case falling under sub-section (1), the executor or

administrator does not, within the six months referred to in that sub-section,
pay the deficit fee, he shall forfeit a sum equal to five times the deficit fee.

(3) If, on application being made under sub-section (1), the Collector is

satisfied that the application was not made within six months of the discovery
of the mistake or of further effects not included in the original valuation or that
the payment of insufficient fee in the first instance was not due to a bona fide
mistake, he shall cause the probate or letters to be duly stamped on payment
of the deficit fee together with a penalty not exceeding five times such fee.

(4) If, after the grant of probate or letters of administration of an estate, it


is found by the Collector that a fee less than that payable according to the true
value of the estate has been paid, he shall cause the probate or letters to be
properly stamped on payment of the deficit fee, and if he is satisfied that the
original undervaluation was not bona fide, he shall levy in addition a penalty
not exceeding five times the deficit fee.

(5) The Board of Revenue may remit the whole or any part of the amount

forfeited under sub-section (2) or of any penalty under sub-section (3) of subsection (4).

**59. Administrator to give proper security before letters are stamped -**
Where insufficient fee has been paid in the first instance on letters of
administration, the Collector shall not cause the same to be duly stamped in
the manner aforesaid unless the administrator has given such security to the
Court granting the letters of administration as ought by law to have been given
on the granting thereof in case the full value of the estate of the deceased had
then been ascertained.

**60. Relief when fee has been paid in excess - (1) If, at any time after the**
grant of the probate or letters of administration of an estate, it is discovered
that fee has been paid in excess of what was payable according to the true
value of the estate, the executor or administrator, as the case may be, may
apply for a refund to the Collector to whom a copy of the valuation of the estate
was sent under sub-section (2) of section 52. The application shall be
accompanied by an amended valuation in the Form set forth in Part II of
Schedule III together with the probate or letters of administration upon which a
refund is sought.

(2) If the Collector is satisfied that the amended valuation is correct, he


shall 

(i) endorse a certificate on the stamped probate or letters of
administration to the effect that so much of the fee
represented by the stamp or stamps used has been
refunded; and


-----

(ii) refund the difference between the fee originally paid and
that which should have been paid:

Provided that no refund shall be granted under this section unless the


application for refund is made within three years of the date of the grant of the
probate or letters of administration or within such further period as the
Collector may allow:

Provided further that if, by reason of any legal proceedings, the debts due


from the deceased have not been ascertained and paid or his effects have not
been recovered and made available and in consequence thereof the executor or
administrator is prevented from claiming the return of such difference within
the said period of three years, the Collector may allow such further time for
making the claim as may appear to him to be reasonable under the
circumstances.

(3) If the Collector refuses to grant a refund, the executor or

administrator, as the case may be, may apply to the Board of Revenue for an
order of refund. An application for such refund shall be accompanied by an
amended valuation in the Form set forth in Part II of Schedule III.

**61. Recovery of penalties, etc. - Any fee found to be payable by an applicant**
for probate or letters of administration or by an executor or administrator, or
any costs under sub-section (4) of section 57 or any penalty or forfeiture
payable by any such executor or administrator may, on the certificate of the
Board of Revenue, be recovered from the executor or administrator as if it were
an arrear of land revenue.

**62. Powers of Board of Revenue - The powers and duties of the Collector**
under this Chapter shall be subject to the control of the Board of Revenue.

**CHAPTER VII**

**REFUNDS AND REMISSIONS**


**63. Refund in cases in rejection of plaint, etc., for delay - (1) Where a plaint**
or memorandum of appeal is rejected on the ground of delay in its representation or where the fee paid on a plaint or memorandum of appeal is
insufficient and the deficit fee is not paid within the time allowed by the Court,
or the delay in payment of the deficit fee is not condoned and the plaint or
memorandum of appeal is consequently rejected, the Court may, in its
discretion, direct the refund to the plaintiff or the appellant, of the fee, either in
whole or in part, paid on the plaint or memorandum of appeal which was
rejected.


(2) Where a memorandum of appeal is rejected on the ground that it was


not presented within the time allowed by the law of limitation, one-half of the
fee shall be refunded.

**64. Refund in cases of remand - (1) Where a plaint or memorandum of appeal**
rejected by the lower Court is ordered to be received, or where a suit is
remanded in appeal for a fresh decision by the lower Court, the Court making
the order or remanding the appeal may direct the refund to the appellant of the
full amount of fee paid on the memorandum of appeal; and, if the remand is on
second appeal, also on the memorandum of appeal in the first appellate Court,
and, if the remand is in Letters Patent Appeal, also on the memorandum of
second appeal and memorandum of appeal in the first appellate Court.


(2) Where an appeal is remanded in Second Appeal or Letters Patent


Appeal for a fresh decision by the lower appellate Court, the High Court
remanding the appeal may direct the refund to the appellant of the full amount
of fee paid on the memorandum of Second Appeal if the remand is in Second
Appeal, and of the full amount of fee paid on the Memorandum of Second
Appeal and the Memorandum of Letters Patent Appeal if the remand is in
Letters Patent Appeal:


-----

Provided that no refund shall be ordered if the remand was due to the


fault of the party who would otherwise be entitled to a refund:

Provided further that, if the order of remand does not cover the whole of


the subject-matter of the suit, the refund shall not extend to more than so
much fee as would have been originally payable on that part of the subjectmatter in respect whereof the suit has been remanded.

**65. Refund in cases of review - Where an application for review of judgment**
is admitted on the ground of some mistake or error apparent on the face of the
record and on rehearing, the Court reverses or modifies its former decision on
that ground, it shall direct refund to the applicant of so much of the fee paid on
the application as exceeds the fee payable on any other application to such
Court under Article 11(g) and (u) of Schedule II.

**66. Refund of fee paid by mistake or inadvertence - The fee paid by mistake**
or inadvertence shall be ordered to be refunded.

1[66-A. Refund of fee - Where the Court refers the parties to the suit to any
one of the mode of settlement of dispute referred to in section 89 of the Code of
Civil Procedure, 1908, (Central Act 5 of 1908) the plaintiff shall be entitled to a
certificate from the Court authorizing him to receive back from the Collector,
the full amount of the fee paid in respect of such plaint.]

**67. Exemption of certain documents - Nothing contained in this Act shall**
render the following documents chargeable with any fee:
(i) memorandum of appearance filed by advocates or pleaders
when appearing for persons proceeded against in criminal
cases;

(ii) application or petition to a Collector or other officer
making a settlement of land revenue, or to the Board of
Revenue relating to matters connected with the assessment
of land, or with the ascertainment of rights thereto or
interest therein, if presented previous to the final

confirmation of such settlement;

(iii) application for supply of water belonging to Government
for irrigation;

(iv) application for leave to extend cultivation or to relinquish
land, when presented to an officer of land revenue by a
person holding, under a direct engagement with

Government, land of which revenue is settled but not
permanently;

(v) application for service of notice of relinquishment of land
or of enhancement of rent;


(vi) written authority to an agent to distrain;


(vii) first application (other than a petition containing a
criminal charge or information) for the summons of a
witness or other person to give evidence or to produce a
document or for the production or filing of an exhibit not
being an affidavit made for the immediate purpose of being
produced in Court;

(viii) bail bonds in criminal cases other than bail bonds in
village courts, recognizances to prosecute or give evidence
and recognizances for personal appearance or otherwise;

(ix) petition, application, charge or information respecting
any offence when presented, made or laid to or before a
police officer, or to or before the heads of villages or the
village police;

1. Inserted by the Act No.22 of 2005, S.2 w.e.f 16.08.2005.


-----

(x) petition by a prisoner or other person in duress or under
restraint of any Court or its officer;

(xi) complaint of a public servant as defined in Indian Penal
Code, 1860 (Central Act 45 of 1860) or an officer of the State
Railway relating to matters arising out of, or in connection
with, the discharge of his official duty;

(xii) application for the payment of money due by the
Government to the applicant, other than an application for
refund of lapsed deposit made six months after the date on
which the amount lapsed to the Government;


(xiii) petition of appeal against any municipal tax;


(xiv) application for compensation under any law for the time
being in force relating to the acquisition of property for
public purposes;

(xv) petition or appeal by a Government servant or a servant
of the Court of Wards when presented to any superior officer
or Government against orders of dismissal, reduction or
suspension; copies of such orders filed with such appeals,
and applications for obtaining such copies.

1[(xvi) Plaints, memorandum of appeal, all types of petitions
and applications, memorandum of appearance and

vakalatnamas filed by the State Government or its lawyers
before any court, tribunal or other authority.]

**68. Power to reduce or remit fees - The State Government may, by**
notification in the [1][Andhra Pradesh Gazette,] reduce or remit, in the whole or
in any part of the territory of this State, or any of the fees chargeable under
this Act, and may, in like manner, cancel or vary such notification.

**CHAPTER VIII**

**MISCELLANEOUS**


**69. Collection of fees by stamps - All fees chargeable under this Act shall be**
collected in stamps.

**70. Stamps to be impressed or adhesive - The stamps used to denote any fee**
chargeable under this Act shall be impressed or adhesive or partly impressed
and partly adhesive, as the State Government may, by notification in the
2[Andhra Pradesh Gazette,] from time to time, direct.

**71. Amended document - Where any document which ought to bear a stamp**
under this Act is amended merely for correcting a mistake and making it
conform to the original intention of the parties, it shall not be necessary to
impose a fresh stamp.

**72. Cancellation of stamp - (1) No document requiring a stamp under this Act**
shall be filed or acted upon in any proceeding in any Court or office until the
stamp has been cancelled.

(2) The officer appointed from time to time by the Court or the head of

the office shall, on receiving any such document effect forthwith such
cancellation by punching out the figurehead so as to leave the amount
designated on the stamp untouched, and the part removed by punching shall
be destroyed.

**73. Deduction to be made - Where allowance is made in this Act for damaged**
or spoiled stamps, or where fee already paid is directed to be refunded to any

1. Added by the Act No. 20 of 1992, S.2, w.e.f.01.05.1992.
2. Substituted for the words “Andhra Gazette” by the Andhra Pradesh Adoption of Laws Order,
1957.


-----

person by an order of Court, the Collector may, on the application of the person
concerned, pay to him the amount of fee or where damaged or spoiled stamps
are produced, he may, after satisfying himself about their genuineness, give in
lieu thereof the same amount or value in stamps of the same or any other
description, or if the applicant so desires, the same amount or value in money
provided that in all cases where money is paid in cash, a deduction shall be
made of [1][six naye paise for each rupee or fraction thereof.] No such deduction
shall, however, be made where refund is claimed in respect of any fee paid in
pursuance of an order of Court which has been varied or reversed in appeal.

**74. Penalty - Any person appointed to sell stamps, who disobeys any rule**
made under this Act, and any person not so appointed, who sells or offers for
sale any stamps, shall be punishable with imprisonment for a term which may
extend to six months, or with fine which may extend to five hundred rupees, or
with both.

**75. Power of High Court to make rules - (1) The High Court may make rules**
to provide for or regulate all or any of the following matters, namely:
(a) the fees chargeable for serving and executing processes issued
by the High Court in its appellate jurisdiction and by the Civil and
Criminal Courts subordinate thereto;

(b) the remuneration of persons employed by the Courts mentioned
in clause (a) in the service or execution of processes;

(c) the fixing by District and Sessions Judges and District
Magistrate of the number of process servers necessary to be
employed for the service and execution of processes issued from
their respective Courts and the Courts subordinate thereto;

(d) the display in each Court of a table in English and in the local
language or languages showing the fees payable for the service and
execution of processes.

(2) All rules made under sub-section (1) shall be subject to confirmation

by the State Government with or without modification and on such
confirmation they shall be published in the [2][Andhra Pradesh Gazette] and
shall thereupon have effect as if enacted in this Act.

**76. Power of Board of Revenue to make rules - (1) The Board of Revenue**
may, with the previous sanction of the State Government, make rules
consistent with this Act to provide for or regulate all or any of the following
matters, namely :
(a) the fees chargeable for serving and executing processes issued
by the Board of Revenue and by the Revenue Courts;

(b) the remuneration of persons employed for the service and
execution of such processes;

(c) the fixing by Collectors of the number of persons necessary to
be employed for the service and execution of such processes;

(d) the guidance of Collectors in the exercise of their powers under
Chapter VI;


(e) the supply of stamps to be used under this Act;


1. Substituted for the words “one anna for each rupee or fraction thereof” by section 2 of the
Andhra Pradesh Court-fees and Suits Valuation (Second Amendment) Act, 1958 (Andhra
Pradesh Act XVII of 1958).
2. Substituted for the words “Andhra Gazette” by the Andhra Pradesh Adoption of Laws Order,
1957.


-----

(f) the number of stamps to be used for denoting any fee
chargeable under this Act;


(g) the keeping of accounts of all stamps used under this Act;


(h) the circumstances in which stamps may be held to be damaged
or spoiled;

(i) the circumstances in which the manner in which, and the
authorities by which, allowance for used, damaged or spoiled
stamps may be made;

(j) the regulation of the sale of stamps to be used under this Act,
the persons by whom alone such stamps may be sold and the
duties and remuneration of such persons:

Provided that, in the case of stamps used in the High Court,

such rules shall be made with the concurrence of the Chief
Justice.

(2) All rules made under this section shall be published in the [1][Andhra


Pradesh Gazette] and on such publication, shall have effect as if enacted in this
Act.

**77. Power of Government to make rules - (1) The State Government may, by**
notification in the [1][Andhra Pradesh Gazette,] make rules to carry out generally
the purposes of this Act.

(2) All notifications and rules made under this section shall, as soon as


may be, after they are made, by placed on the table of the Legislative Assembly
for fifteen days, and shall be subject to such modification, whether by way of
repeal or amendment, as the Legislative Assembly may make during the
session in which they are so laid.

**78. Continuance in force of existing rules - Until rules are framed under**
sections 75, 76 and 77 and until notifications are issued under section 68, the
rules and notifications now in force in respect of matters referred to in those
sections, shall, in so far as they are not inconsistent with this Act, continue in
force.

**79. Repeal and saving. - (1) The Court-fees Act, 1870 (Central Act 7 of 1870),**
in its application to the State of Andhra Pradesh and in relation to the fees and
stamps other than fees and stamps relating to documents presented or to be
presented before an officer serving under the Central Government and the
Suits Valuation Act, 1887 (Central Act 7 of 1887), in its application to the State
of Andhra Pradesh are hereby repealed.

(2) All suits and proceedings instituted before the commencement of this


Act and all proceedings by way of appeal, revision or otherwise arising
therefrom, whether instituted before or after such commencement, shall,
notwithstanding the repeal of the Court-fees Act, 1870 (Central Act 7 of 1870),
and Suits Valuation Act, 1887(Central Act 7 of 1887), be governed by the
provisions of the said Acts and the rules made thereunder.

1. Substituted for the words “Andhra Gazette” by the Andhra Pradesh Adoption of Laws Order,
1957.


-----

**SCHEDULE 1**

(See Section 19)

**AD VALOREM FEES**


**Article** **Particulars** **Proper fee**

**(1)** **(2)** **(3)**

1[1(a) Plaint or written statement pleading

a set-off or counter-claim in any suit
of the nature cognizable by Courts
of Small Causes, when the amount
or value of the subject-matter does
not exceed five hundred rupees if
the suit is actually filed and tried as
a small cause suit
When the amount or value of the
subject-matter in dispute:(i) does not exceed one hundred Forty naye paise.
rupees, for every five rupees or part
thereof.

(ii) exceeds one hundred rupees, but Eighty naye paise.
does not exceed five hundred
rupees, for every ten rupees or part
thereof, in excess of one hundred
rupees.

(b) Plaint or written statement pleading

a set-off or counter-claim in any
suit of the nature cognizable by
Courts of Small Causes, when the
amount or value of the subject
matter exceeds five hundred rupees
but does not exceed one thousand
rupees—
When the amount or value of the
subject-matter in dispute
(i) does not exceed one hundred Sixty naye paise.
rupees, for every five rupees or part
thereof.

(ii) exceeds one hundred rupees, but One rupee and ten
does not exceed one thousand naye paise.]
rupees, for every ten rupees or part
thereof in excess of one hundred
rupees.

(c) Plaint or written statement pleading

a set-off or counter-claim or
memorandum of appeal presented
to any CourtWhen the amount or value of the
subject-matter in dispute
2 [(i) does not exceed one hundred Sixty naye paise.
rupees, for every five rupees or part
thereof

(ii) exceeds one hundred rupees, but One rupee and ten
does not exceed one thousand naye paise.
rupees, for every ten rupees or part
thereof in excess of one hundred
rupees.

1. Substituted for the original clauses (a) and (b) and the entries relating thereto, by section 3(i) of the Andhra Pradesh
Court-fees and Suits Valuation (Second Amendment) Act 1958 (Andhra Pradesh Act XVII of 1958).
2. Substituted for original items (i), (ii) and (iii) and the entries against them, by section 3 (ii) of ibid.


-----

Seven rupees and

fifty naye paise.]

Thirty rupees.

Forty rupees.

Sixty rupees.

Eighty rupees.

One hundred
rupees.

Five rupees.


2(a)

(b)

3(a)

(b)


(iii) exceeds one thousand rupees,
but does not exceed ten thousand
rupees, for every one hundred
rupees or part thereof, in excess of
one thousand rupees.

(iv) exceeds ten thousand rupees, but
does not exceed twenty thousand
rupees, for every five hundred rupees
or part thereof, in excess of ten
thousand rupees.

(v) exceeds twenty thousand rupees,
but does not exceed thirty thousand
rupees for every one thousand rupees
or part thereof, in excess of twenty
thousand rupees.

(vi) exceeds thirty thousand rupees,
but does not exceed fifty thousand
rupees, for every two thousand rupees
or part thereof, in excess of thirty
thousand rupees.

(vii) exceeds fifty thousand rupees, but
does not exceed one lakh rupees, for
every four thousand rupees or part
thereof, in excess of fifty thousand
rupees.

(viii) exceeds one lakh rupees, for
every ten thousand rupees or part
thereof, in excess of one lakh rupees.

Application under section 26 of the
Provincial Insolvency Act, 1920, or
under section 95 of the Code of Civil
Procedure, 1908.


Appeal against order on a petition
falling under clause (a), whether by
the Official Receiver or by the

unsuccessful party.


Five rupees.


Appeal against order on an application Five rupees.
falling under clause (a).

Petition under section 53 or 54 of the Five rupees.
Provincial Insolvency Act, 1920.


4. Memorandum of appeal against order An amount of onein proceedings under the Indian half the scale of fee

Succession Act, 1925. specified in article 1

on the amount or
value of the subjectmatter.
5. Application for review of judgment. One-half of the fee
payable on the plaint
or memorandum of
appeal comprising
the relief sought in
the application for
review.
6. Probate of a will or letters of

administration with or without will
annexed

-----

When the amount or value of the
estate in respect of which the grant of
probate or letters is made exceeds one
thousand rupees, but does not

exceed five thousand rupees.

When such amount or value exceeds
five thousand rupees, but does not
exceed fifty thousand rupees.

When such amount or value exceeds
fifty thousand rupees, but does not
exceed one lakh rupees.

When such amount or value exceeds
one lakh rupees.

7. Certificate under the Indian

Succession Act, 1925Where the amount or value of the debt
or security or the aggregate amount or
value of the debts and securities
specified in the certificate

Two per centum on
such amount or
value.

Three per centum on
such amount or
value.

Four per centum on
such amount or
value.

Five per centum on
such amount or
value.


(i) does not exceed five thousand Two per centum on such

rupees. amount or value.


(ii) exceeds five thousand rupees, but

does not exceed twenty-five thousand
rupees.

(iii) exceeds twenty-five thousand

rupees, but does not exceed fifty
thousand rupees.

(iv) exceeds fifty thousand rupees,

but does not exceed one lakh rupees.


Three per centum on such
amount or value.

Four per centum on such

amount or value.

Five per centum on such
amount or value.


(v) exceeds one lakh rupees. Six per centum on such
amount or value.

**Explanation I - Where a certificate is extended under section 376 of the Indian**
succession Act, 1925, fee shall be computed on the amount for which
certificate is sought to be extended and the amount for which a certificate or
certificates has or have already been issued at one and a half times the rates
specified above, credit being given for the fee already paid.

**Explanation II - The amount of a debt includes interest on the day on which**
the inclusion of the debt in the certificate is applied for so far as such amount
can be ascertained.

**Explanation III – (a) Where any power with respect to a security specified in a**
certificate for the receiving of interest or dividends on, or for the negotiation or
transfer of, the security, or for both purposes, is conferred.

(b) Whether no such power is conferred, in either of the cases mentioned
above, the value of the security is its market value on the day on which the
inclusion of the security in the certificate is applied for, so far as such value
can be ascertained.


-----

**SCHEDULE II**

(See section 19)

**Article** **Particulars** **Proper fee**

**(1)** **(2)** **(3)**

1. (i) Petition in a suit under the Converts Ten rupees.
Marriage Dissolution Act, 1866.


(ii) Petition, plaint or memorandum of
appeal when presented to a Court
under the Dissolution of Muslim

Marriage Act, 1939.

(iii) Petition under the Indian Divorce
Act, excluding petitions under section
44 of that Act, and every

memorandum of appeal under section
55 of that Act.

(iv) Plaint or memorandum of appeal
under the Parsi Marriage and Divorce
Act, 1936, or a counter-claim made
under section 37 of that Act.

(v) Plaint or memorandum of appeal in
a suit under the Indian Colonial
Divorce Jurisdiction Act, 1926.


Ten rupees.

Thirty rupees.

Thirty rupees.

Fifty rupees.


(vi) Petition or memorandum of appeal Thirty rupees.
under Special Marriage Act, 1954.

(vii) Petition or memorandum of appeal Ten rupees.
under Hindu Marriage Act, 1955.

**Explanation: -** If, in a suit falling under any of these clauses, there is a

specific claim for damages, separate fee at the rates specified in article 1 of
Schedule I shall be charged on the amount of damages claimed.

2. Undertaking under section 49 of the One rupee.
Indian Divorce Act, 1869.

3. Memorandum of appeal from an order
inclusive of an order determining any
question under section 47 of section
144 of the Code of Civil Procedure,
1908, and not otherwise provided for
when presented

(i) to any Court other than the High
Court or to any Executive Officer other
than the Board of Revenue of Chief
executive Authority.


Three rupees.


(ii) to the Board of Revenue or Chief Five rupees.
Executive Authority.

(iii) to the High Court 
(A) From an order other than an order
under [1] [the Andhra Pradesh (Andhra
Area) Agriculturist’s Relief Act, 1938] 
1. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws
(Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).


-----

(1) Where the order was passed by a
Subordinate Court or other authority 
(a) If the order relates to a suit or
proceeding, the value of which exceeds
one thousand rupees.


Ten rupees.


(b) In any other case. Five rupees.

(2) Where the appeal is under clause
15 of the Letters Patent
(a) From an order passed in exercise of Ten rupees.
appellate jurisdiction.

(b) In any other case. One hundred

rupees.


(3) Where the appeal is under section One hundred
45-B of the Banking Companies Act, rupees.
1949.

(B) From an order under [1][the Andhra Two rupees.
Pradesh (Andhra Area) Agriculturists'
Relief Act, 1938.]

(iv) to the Government in pursuance Five rupees.
of a statutory right to appeal for
which no court-fee is leviable under
any other enactment.

2[4. Memorandum of appeal under
Arbitration and Conciliation Act,
1996.
1. Appeal against order on application Two hundred and
under section 9. fifty rupees.
2. Appeal against order on application
under section 34,(a) Where the value of the subject Three hundred
matter does not exceed Rs.1,00,000/- rupees.
(b) Where the value exceeds Six hundred
Rs.1,00,000/- but does not exceed rupees.
Rs.5,00,000/-.

(c) Where the value exceeds One thousand
Rs.5,00,000/- but does not exceed and five hundred
Rs.1,00,00,000/-. rupees.

(d) Where the value exceeds Two thousand
Rs.1,00,00,000/-. and five hundred
rupees.
(3) Appeal under section 50 against Five hundred
the order refusing to refer the parties rupees.
to arbitration under sections 45 or to
refuse to enforce a foreign award
under section 48.

(4) Appeal under section 59 against Five hundred
the order refusing to refer the parties rupees.
to arbitration under section 54 or
refusing to enforce a foreign award
under sub-section (2) of section 57.

(5) Any other appeal under the Two hundred and
Arbitration and Conciliation Act, fifty rupees.]
1996.

5. Copy or translation of a judgment or

1. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws
(Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).
2.Article 4 substituted by Act No.40 of 2006, S.2.


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order not being a decree or having the
force of a decreeWhen such judgment or order is One rupee.
passed by any Civil Court other than
the High Court or by the Presiding
Officer of any Revenue Court or Office
or by any other Court or judicial or
executive authority.

When such judgment or order is Two rupees.
passed by the High Court.

6. Copy or translation of a judgment or One rupee.
order of a Criminal Court.

7. Copy of a decree or order having the
force of a decreeWhen such decree or order is made
by any Court other than the High
Court(a) if the amount or value of the One rupees.
subject-matter of the suit wherein
such decree or order is made is fifty
or less than fifty rupees;

(b) if such amount or value of exceeds Two rupees.
fifty rupees;

When such decree or order is made Five rupees.
by the High Court.

8. Copy of any document liable to stamp
duty under the Indian Stamp Act,
1899, when substituted by any party
to a suit or proceeding in place of the
original withdrawn(a) When the stamp duty chargeable The amount of the
on the original does not exceed [1][fifty duty chargeable on
naye paise;] the original.

(b) in any other case. One rupee.
9. Copy of any revenue or judicial
proceeding or order not otherwise
provided for by this Act or copy of any
account, statement, report, or the like
taken out of any Court or office of any
public officer

For every three hundred and sixty
words or fraction of three hundred
and sixty words.


One rupee.


1. Substituted for the words “eight annas” by section 4 (i) of the Andhra Pradesh Court-fees and
Suits Valuation (Second Amendment) Act 1958 (Andhra Pradesh Act XVII of 1958).


-----

any officer of land revenue by any
person holding temporarily settled land
under direct engagement with
Government and when the subjectmatter of the application or petition
relates exclusively to such
engagement.

(b) Application or petition presented to One rupee.
any officer of land revenue relating to the
grant of land on darkhast.

(c) Application to a Collector for lease of One rupee.
land for agricultural or non-agricultural
purposes.

(d) Application or petition presented to One rupee.
any Executive Officer under any Act for
the time being in force for the

conservancy or improvement of any place
if the application or petition relates solely
to such conservancy or improvement.

(e) Application or petition presented to One rupee.
any board or Executive Officer for a copy
or translation of any order passed by
such board or Officer or of any other
document on record in such office.

(f) Application to a Forest Officer by a
forest contractor for extension of the
period of lease (i) if the value of the subject-matter of the Five rupees.
lease is Rs. 5,000 or less;

(ii) if such value exceeds Rs. 5,000 for One rupee.
every Rs. 1,000 or part thereof, in excess
of Rs.5,000.

(g) Application for attestation of private 1[Fifty rupees]
documents intended to be used outside
India.

(h)Application for lapsed deposit

presented after six months after the date
on which the amount lapsed to the

Government (i) when the amount or deposit does not One rupee.
exceed Rs.1,000;

(ii) when it exceeds Rs.1,000. Two rupees.
(i) Application or petition presented to

the Government and not otherwise

provided for (i) which involves the exercise or non- Two rupees.
exercise of power conferred by law or rule
having the force of law;

(ii) in other cases One rupees.

(j) Application or petition presented to the
Board of Revenue or Chief Executive
Authority and not otherwise provided for(i) which involves the exercise or non- Two rupees.
exercise of power conferred by law or rule
having the force of law;

(ii) in other case. One rupee.

(k) Application or petition not falling One rupee.
under clause (i) or (j) and presented to a
public officer or in a public office and not
otherwise provided for.

1. Substituted by the Act No.20 of 2001, S.2.


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11. 1[(a) Application or petition presented to 2[Fifty paise]
any Court for a copy or translation of
any judgment, decree or any

proceeding of, or order passed by, such
Court or of any other document on
record in such Court.

(b) Application or petition presented to Twenty five
any Civil Court other than a Principal naye paise.
Civil Court of original Jurisdiction or to
any Court of Small Causes constituted
under the Provincial Small Cause

Courts Act, 1887, or to a Collector or
other officer of revenue in relation to
any suit or case in which the amount
or value of the subject-matter is less
than Rs.50.]

(c) Application to any Court that One rupee in
records may be called from another addition to
Court, when the Court grants the the fee
application and is of opinion that the leviable on
transmission of such records involves the
the use of the post. application.

(d) Application for permission to deposit One rupee.
revenue or rent either in the office of
the Collector or in the Court.

(e) Application or petition presented to One rupee.
a Court for determination of the
amount of compensation to be paid by
a landlord to his tenant.

(f) A written complaint or charge of any Two rupees.
offence other than an offence for which
a Police officer, may, under the Code of
Criminal Procedure, 1898, arrest

without warrant and presented to any
Criminal Court and an oral complaint
of any such offence reduced to writing
under the Code of Criminal Procedure,
1898.

(g) Application or petition presented to One rupee.
any Court, or to any Magistrate in his
executive capacity and not otherwise
provided for in this Act.

(h) Application for arrest or attachment
before judgement or for temporary
injunction (i) when presented to a Civil Court or
Revenue Court other than the High
Court in relation to any suit or
proceeding (1) if the value of the subject-matter is One rupees.
less than Rs. 50;

(2) if the value is Rs. 50 and above; Two rupees.
(ii) when presented to the High Court. Five rupees.

(i) Application or petition under section
47 and order XXI, rules 58 and 90 of

1. Substituted for the original clauses (a) and (b) and the entries relating thereto, by section 4 of
the Andhra Pradesh Court-fees and Suits Valuation (Second Amendment) Act 1958 (Andhra
Pradesh Act XVII of 1958).
2. Substituted by the Act No. 25 of 1984, S.2 w.e.f. 19.07.1984.


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the Code of Civil Procedure, 1908(i) when filed in a Revenue Court or a One rupee.
District Munsif’s Court;

(ii) when filed in a Subordinate Judge’s Two rupees.
Court or a District Court;

(iii) when filed in a High Court. Five rupees.

(j) Application or petition under Five rupees.

sections 34, 72, 73 and 74 of the

Indian Trusts Act, 1882.

(k) (i) Application for probate or letters Twenty-Five
of administration to have effect rupees.

throughout India.

(ii) Application for probate or letters of
administration not falling under clause
(i) (1) if the value of the estate does not One rupee.
exceed Rs.1,000;

(2) if the value exceeds Rs.1,000; Five rupees.

Provided that if a caveat is entered and the application is registered

as a suit, one-half the scale of fee specified in Article I of Schedule I on
the market value of the estate less the fee already paid on the application
shall be levied.
(l) Original petitions not otherwise
provided for when filed in(i) a District Munsif's Court(1) under 1 [the Andhra Pradesh One rupee.

(Andhra Area) Village Courts Act,

1888;]

(2) in other cases. Three rupees.

(ii) a Subordinate Judge's Court or a Five rupees.
District Court;

(iii) the High Court Twenty rupees.

2[(m) Application to set aside an Award
under section 34 of the Arbitration and
Conciliation Act, 1996,(a) Where the value of the subject Two hundred
matter does not exceed Rs.1,00,000/-. rupees

(b) Where the value exceeds Five hundred

Rs.1,00,000/- but does not exceed rupees

Rs.5,00,000/-.

(c) Where the value exceeds One thousand

Rs.5,00,000/- but does not exceed rupees

Rs.1,00,00,000/-.

(d) Where the value exceeds Two thousand

Rs.1,00,00,000/- rupees

(n) (a) application under sub-section (2) Two hundred
of section 14 or section 27 or sub- rupees.
section (2) of section 39 or sub-section
(3) of section 43 of the Arbitration and
Conciliation Act, 1996;

(b) Application under section 9 other Two hundred
than in a pending proceedings under and fifty rupees
the Arbitration and Conciliation Act,
1996;

(c) Any other application; One hundred

rupees.]

(o) Petition to the High Court for the

1. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws
(Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).
2. Items (m) & (n) in Article 11 substituted by the Act No.40 of 2006, S.2.


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admission of an Advocate, Attorney or Twenty rupees
Vakil.

(p) Application presented to the High Fifty rupees.
Court under section 24 of the Press
(Objectionable Matter) Act, 1951.

(q) Revision petition presented to the
High Court under section 115 of the
Code of Civil Procedure, 1908, or under
section 25 of the Provincial Small
Cause Courts Act, 1887, or under the
provisions of any other Act, arising out
of a suit or proceeding(i) if the value of the suit or proceeding Five rupees
to which the order sought to be revised
relates does not exceed Rs.1,000;

(ii) if such value exceeds Rs.1,000 Ten rupees


(r) Petition under sections 153, 166 and
221 of 1 [the Indian Companies Act,

1913,] in connection with the winding
up of a company.

(s) Petition to the High Court under
Article 226 of the Constitution for a
writ other than the writ of Habeas

Corpus or a petition under Article 227
of the Constitution.

(t) Application under section 45 of the
Specific Relief Act, 1877

(u) Application or petition presented to
the High Court and not otherwise
specifically provided for.

(v) Election petition questioning the
election of a person in respect of

Two hundred

rupees.

One Hundred

rupees.

One hundred

rupees.

Two rupees.


(i) the office of member of a Panchayat; Twenty-five
rupees.

(ii) the office of President of a Fifty Rupees.

Panchayat;

(iii) the office of a member of municipal One hundred
council or a district board; Rupees.

(iv) the office of Chairman of a Two hundred

municipality or president of a district rupees.
board.

(w) Application under section 145 of Five rupees.
2 [the Code of Criminal Procedure,

1898].

1. See now the Companies Act, 1956 (Central Act 1 of 1956).
2. See now the provisions under the Code of Criminal Procedure, 1973 (Act 2 of 1974).


-----

12. Application for leave to sue as a One rupee.
pauper

13. Application for leave to appeal as a
pauper(i) when presented to a District Court or One rupee.
a Subordinate Judge's Court

(ii) when presented to the High Court Two rupees.
14. (i) Bail bond or other instrument of One rupee.
obligation when filed in village courts.

(ii) Bail bond or other instrument of One rupee.
obligation given in pursuance of an
order made by a court or magistrate
under any section of the Code of

Criminal Procedure, 1898, or the Code
of Civil Procedure, 1908, and not
otherwise provided for in this Act.

15. Every copy of power-of-attorney when One rupee.
filed in any suit or proceeding.

16. Mukhtarnama, Vakalatnama or any
paper signed by an advocate signifying
or intimating that he is retained for a
partyWhen presented (i) to any Court other than the High Two rupees.
Court or to any Collector or Magistrate
or other executive officer;

(ii) to the Board of Revenue or a Chief Three rupees.
Executive Authority;

(iii) to the High Court Five rupees.
(iv) to the Government Five rupees.
17. Agreement in writing stating a question
for the opinion of the Court under the
Code of Civil Procedure, 1908(i) when presented to a District Fifteen rupees.

Munsif's Court.

(ii) in any other case One hundred

rupees.
18. Caveat Ten Rupees.


-----

**SCHEDULE III**

**PART I**

(See sections 52 and 53)


Form of Valuation (to be used with such modifications, if any, as may be

necessary) of Estate.

**IN THE COURT OF**


RE: PROBATE OF THE WILL OF                (OR ADMINISTRATION


OF THE ESTATE OF                      ), DECEASED.


1. I (A.B.)            , solemnly affirm/make oath and say that I am the

executor (or one of the executors or one of the next-of-kin)

of deceased, and that I have truly set forth in Annexure A to this Form of

Valuation all the estate of which the above named deceased died possessed or
to which he was entitled at the time of his death, and which has come or is
likely to come, to my hands.


2. I further say that I have also truly set forth in Annexure B to this Form of

Valuation all the items which I am by law allowed to deduct.

3. I further declare that the said estate exclusive only of the last mentioned
was on the date of the death of the said deceased
items   ----------------------------------------------------------------------------under

1is

the value of


4. I (A.B.) further declare that what is stated in this Form of Valuation is true to

the best of my information and belief.

(Signed) A.B.___________

1.This form to be used where the application is made after one year from the date of death.


-----

**SCHEDULE III– Contd.**

**PART I – Contd.**

ANNEXURE A

Valuation of the movable and immovable property of deceased.


1[Rs.  nP.]


Cash in hand and at the bank, household goods, wearing apparel, books, plate,
jewels and the like.


(State estimated value according to best of Executors or Administrators


belief.)


Property in Government securities transferable at the Public Debt Office.


(State description and value on the date of death of the deceased or on


the date of the application, as the case may be).


Immovable property, consisting of     ..           ..            ..


(State description and market value on the date of death of the deceased


or on the date of the application, as the case may be).


Leasehold property         ..         ..           ..          ..


(If the decreased held any leases for years determinable, state the period


of the lease and the estimated amount of rent inserting separately arrears due
on the date of the death or on the date of application as the case may be).


Property in public companies  ..          ..             ..        ..


(State the particulars and the value calculated at the price on the date of


the death or on the date of application as the case may be).


Policies of insurance upon life, money out on mortgages and other securities,
such as bonds, bills, notes and other securities for money.


(State the amount of the whole on the date of the death or on the date of


application as the case may be).


Debts            ..              ..              ..          ..


(other than bad debts).


Stock in trade       ..            ..               ..         ..


(State the estimated value, if any). ---------------

Other property not comprised under the foregoing heads Total


(State the estimated value, if any). ---------------

Deduct items shown in Annexure B in the manner provided
in Sub-Section (2) of section 53    ..         .. .. .. --------------

Net value of the Estate .. -------------

1. Substituted for the group of letters “Rs. A.P.” by section 5 of the Andhra Pradesh Court-fees
and suits Valuation (Second Amendment) Act, 1958 (Andhra Pradesh Act XVII of 1958).


-----

**SCHEDULE III-Contd.**


**PART I – Contd.**

ANNEXURE B

SCHEDULE OF DEBTS, ETC.

Amount of the debts due and owing from the deceased, legally
payable out of the estate . . . . . . . .

Amount of expenses connected with funeral rites and ceremonies
Amount of mortgage and incumbrances . . . . . .

Property held in trust not beneficially or with general power to
confer a beneficial interest . . . . . . . .


1[Rs.  nP.]


Other property not subject to duty . . . . . .


--------------

Total . .


--------------

**PART II.**

**AMENDED FORM OF VALUATION OF ESTATE**

(See sections 58 and 60).

IN THE COURT OF

RE: PROBATE OF THE WILL OF         (OR ADMINISTRATION

OF THE ESTATE OF                    DECEASED).

1. I (A.B.) am the executor (or one of the executors or one of the next-ofkin, as the case may be) of
2. Probate was (or letters of administration were) granted to me on
3. It has now been discovered that the net value of the estate on which
court-fee was paid was not correctly ascertained.
4. I have now truly set forth in Annexure A to this amended Form of
his
Valuation all the estate of the deceased at the date of -------------------the application
death
-------------------------------------------------- which has come or is likely
for probate (or letters of administration)
to come to my hands.

5. I further have now truly set forth in Annexure B all the items which I
am by law allowed to deduct.
6. I further declare that the said estate, exclusive only of the last
the death of the deceased was
mentioned items, at the date of --------------------------------------------
this application is

under the value of.

7. I (A.B.) further declare that what is stated in this amended Form of
Valuation is true to the best of my information and belief.

(Signed) A.B.----------------------
1. Substituted for the group of letters “Rs. A.P.” by section 5 of the Andhra Pradesh Court-fees
and suits Valuation (Second Amendment) Act, 1958 (Andhra Pradesh Act XVII of 1958).


-----

SHEDULE III –Contd.
PART II-Contd.
ANNEXURE A.

AMENDED VALUATION OF THE ESTATE OF DECLASED.
Valuation on           Increase.    Decrease.     Valuation as now amended.
which court-fee was paid.

------------------------------  ----------------  -------------   --------------------------------Total.
------------------------------  ----------------  -------------   --------------------------------
Deduct items shown in Annexure B in the manner provided
in sub-section (2) of section 53.
-----------Amend net value of estate….------------
ANNEXURE B.
AMENDED SCHEDULE OF DEBITS, ETC.

Valuation on           Increase.    Decrease.     Valuation as now amended.
which court-fee was paid.

------------------------------  ----------------  -------------   --------------------------------Total.
------------------------------  ----------------  -------------   --------------------------------

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