CHAPTER XXIV COURT FEES AND PROCESS FEES

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2 CHAPTER XXIV COURT FEES AND PROCESS FEES 488. The following rules made by the High Court under section 42 of the Bombay Civil Courts Act, 1869 (XIV of 1869) and section 20 of the Court fees Act, 1870 (VII of 1870) have been sanctioned by the Government of Maharashtra : (i) The fees at present levied for serving and executing processes issued by the High Court in its appellate jurisdiction shall continue to be levied. (ii) The fees chargeable by all other Civil Courts (except the Presidency Small Cause Court, Bombay) shall be those in the appended table subject to a surcharge of 25 percent until further orders : Provided that those fees otherwise chargeable for the service of the summons shall not be required to be paid where the Court has under rule 7 A or Order XVI of the Code of Civil Procedure, 1908, permitted the service of a summons for the attendance of any person to be effected by a party and where the services of a Bailiff are not required: Provided further that where a party desires to avail himself of the services of a special bailiff (vide Paragraph 111 Chapter VII) for service of execution of a process, he shall be required to pay process fee as for process applied for and ordered to be executed as emergent [vide the note (vii) below the appended table] in addition to the remuneration and the allowances of the bailiff for the period required for serving or executing the process, inclusive of the time occupied in going to and returning from the place at which the process is required to be served or executed, to be calculated in the manner provided in the following paragraph : (iii) Where the remuneration and allowances of special bailiffs are required to be paid by the party under the foregoing sub paragraph, the remuneration (inclusive of the dearness allowance compensatory allowance and the house rent allowance) shall be calculated at the rate of Rs P. per day or part thereof per bailiff and the travelling and daily allowances to be recovered shall be those admissible to the bailiffs under the rules for time being in force : Provided that where the party provides his own conveyance, no travelling allowance shall be recovered from the party.

3 (iv) (a) Whenever the remuneration and allowances of special bailiff's are recovered from the parties, additional temporary bailiffs, not exceeding the number of bailiffs whose remuneration and Allowances are paid by the parties may be employed by the Presiding Judge for a period not exceeding the period for which the payment is recovered from the parties. (b) Where such additional temporary bailiffs actually do the work of serving or executing a particular process for which the payment is recovered from the parties, the moment of remuneration and allowances recovered from the parties shall be paid to such additional temporary bailiffs. (c) Where no such additional temporary bailiffs are employed, the amount of remuneration and allowances recovered from the parties shall be credited to Government. (v) Where the amount of process fee chargeable under these rules involves a fraction of a rupee which is not a multiple of five paise, it shall be rounder off to the next lower multiple of five paise.

4 TABLE Fees chargeable in Civil Court in respect of processes, proclamations and sales Where the Subject matter in dispute Name of process etc. Does not exceed Rs. 25 Exceeds Rs. 25 but does not exceed Rs. 50 Exceeds Rs. 50 but does not exceed Rs Exceeds Rs. 250 but does not exceed Rs Exceeds Rs. 500 but does not exceed Rs. 1,000. Exceeds Rs but does not exceed Rs Exceeds Rs In suits appeals or proceedings not otherwise provided for Mamlatdar's Court Is miscellaneous applications under the Bombay Rents, Hotel and Lodging House Rates Control Act, LVI of 1947 and under the C.P. And Bearer letting of Houses and Rent Control Order, Rs. P Rs. P Rs. P Rs. P Rs. P Rs. P Rs. P Rs. P Rs. P I. For each summons or notice (a) To a single defendant, respondent, or witnesses. (b) To every additional defendant, respondent or witness residing in the same village or town or within the same Municipal limits if the processes be applied for at the same time Rs for the first Rs and 50 Ps for every Rs or part there of in excess of Rs Ps., for the first Rs. 1,000 and 25 Ps. for every Rs. 1,000 or part thereof in excess of Rs. 1, II. For every warrant (a) of arrest, in respect of every person to be arrested; (b) of attachment, in respect of every such warrant ; (c) of sale, in respect of every such warrant Rs. 3 for the first Rs 1,000 and Rs.1 for every Rs. 1,000 or part thereof in excess of Rs. 1,000/ (d) of possession, in respect of every warrant. III. For every proclamation other than a proclamation of sale under Order XXI. Rule 66, Civil Procedure Code or order and every process not otherwise provided for Rs. 3 for the first Rs 1,000 and Rs.1 for every Rs. 1,000 or part thereof in excess of Rs. 1,000/ IV. For every order or injunction (a) to a single opponent (b) to every additional opponent residing in the same village or town or within the same municipal limits if the process be applied for at the same time Rs. 3 for the first Rs 1,000 and Rs.1 for every Rs. 1,000 or part thereof in excess of Rs. 1,000/ 1/2 of the above V. For every proclamation of sale under Order XXI, Rule 66, Civil Procedure Code In all suits, appeals or proceedings.

5 Where the Subject matter in dispute VI. For every sale of movable or immovable property. A percentage or poundage on the gross amount realized by the sale up to Rs. 1,000 at the rate of 2 per cent. Together with a further fee on all excess of gross proceeds above Rs. 1,000 at the rate of 1 per cent. Provided that, where the amount of process fee already paid in respect of the warrant of sale equals or exceeds the amount of poundage the latter shall be wholly remitted; and that, when the latter amount exceeds the former, the former shall be deducted from the latter and the balance only shall be levied as poundage (vide Bombay Government Gazette for 1924, Part I, Page Provided also that, when a sale of immovable property is set under Order XXI, Rule 89, 91 or 92, Civil Procedure Code, any poundage or other fee charged for selling the property shall, on application, be refunded.

6 Note (i) : The value of the subject matter shall be considered to be the market value of the property in dispute. Where the subject matter is not capable of valuation, the fees are to be levied accorded to column 9. Note (ii) : In execution proceedings process fees shall be levied according to the value of the subject matter in respect of which execution is sought or where the subject matter is not capable of valuation according to column 9: Provided that the process fee for a notice issued at the instance of a judgmentdebtor either under sub rule (1) or sub rule (2) of the rule 2 of Order XXI of the Code of Civil Procedure, 1908, shall be levied according to the amount paid into the Court under clause (a) of sub rule (1) of rule 1 of the said order or according to the amount paid out of Court or the value of the adjustment made under sub rule (1) of rule 2 of the said Order, as the case may be. Note (iii) : In miscellaneous proceedings under the Civil Procedure Code (other than execution proceedings) and proceedings under other Acts, the fees to be levied shall be in accordance with market value of the subject matter when it is ascertainable, and when it is not ascertainable according to column 9. Note (iv) : (a) The percentage leviable under head V of the Table shall be calculated on multiples of Rs. 25 (i.e. A poundage fee of 50 Ps. should be levied for every Rs. 25, or part of Rs. 25 realized by the sale up to Rs. 1,000 and in the case of the proceeds of the sale exceeding Rs. 1,000 an additional fee of 25 Ps. for every Rs. 25 or part thereof, should be levied. (b) In cases in which several properties are sold in satisfaction of one decree, only one poundage fee, calculated on the gross sale proceeds, shall be levied, 2 percent, being charged on the gross proceeds up to Rs. 1,000 and 1 percent, on such proceeds exceeding Rs. 1,000. (c) The percentage or poundage must be paid (1) in a case where the purchaser is a person other than the decree holder, at the time of making the application for payment of the proceeds of sale by the Court, and (2) in a case where the decreeholder has been permitted to purchase, at the time of the confirmation of sale by the Court or the Collector, as the case may be. The poundage should be recovered in the first instance from the decree

7 holder who is entitled to recover it ultimately from the judgment debtor, like all other costs incidental to the execution proceedings and not being costs in respect of which the Court has passed any special order (vide Bombay Government Gazette, Part IV A for 1936, Page 208), Note (v) : Where a summons or notice to a defendant or respondent is to be served by post registered for acknowledgment, the process fee levied shall in no case be less than the actual amount required for registration and postage; provided however when a summons or notice is issued by registered post prepaid for acknowledgment, in addition to service through bailiff as provided under rule 19 A of Order V, Civil Procedure Code, no separate process fee shall be recovered from the party for such additional service but only amount required for registration and postage shall be recovered in addition to the process fee levied for service through bailiff. Note (vi) : With the sanction of the Court any party may pay the cost of proceeding by railway or any public conveyance where such is available and in such case the processserver shall be bound to proceed by such railway or public conveyance. Note (vii) : For process applied for and ordered to be executed as emergent, the fee will be the ordinary fee and half as much again. Note (viii) : Where one individual is to be served in more than one capacity, e.g, personally and also as guardian of a minor or minors, only one fee is to be charged. Note (ix) : When a process issued by a Civil Court other than a Mamlatdar's Court is returned unserved and has to be re issued for service, only a half of the full fee leviable shall be charged on the occasion of each re issue. In respect of cases falling under Items Nos. I(b) and IV(b) of the above table full process fee shall be understood to mean the fee prescribed under Items Nos. I(a) and IV(a) of the above table, respectively. This rule applied whatever may be the reason which prevented service (e.g. Whether the failure to serve was due to the fault of the party on whose behalf it was issued or not), and whether the identical paper is re issued or a fresh paper. Note (x) : When the service is set aside in an enquiry under Order V, Rule 19, Civil Procedure Code or when witnesses, etc., have to be summoned a second time in consequence of the Court not siting or not taking up or not completing the hearing of the case on the day on which they were first summoned, no further fee is to be levied upon

8 re issue. Note (xi) : If a warrant has already been issued to arrest a judgment debtor who has failed to pay the decretal amount and who has been ordered to be imprisoned in a civil jail and such warrant of arrest is in force, no further fee is leviable on the order of committal to jail. Note (xii) : No fee is to be charged for any process issued by a Court of its own motion. Note (xiii) : No process fees shall be charged on proclamations under section 10 of Regulation VIII of 1827, and notices issued under the Provincial Insolvency Act in the Case of an application by a debtor. Note (xiv) : (a) When the services of a bailiff (other than a special bailiff) are required for a long period than three days for the service or execution of a process (ordinary or emergent) the party on whose application the process was issued shall, in a addition to the process fees leviable, under the above rules, be required to pay the salary and the allowances (including dearness allowance, compensatory allowance, house rent allowance, travelling allowance and daily allowance) of such bailiff for the whole period in excess of three days, a part of the day being reckoned as equal to a whole day. The salary and allowances in such cases shall be calculated for the period in excess of three days on the basis of the actual salary and allowances, monthly or daily, payable to the bailiff concerned at the rates admissible under the rules for the time being in for : Provided that where the party provides his own conveyance, no Travelling Allowance shall be recovered from him. (b) The time occupied in going to and returning from the place at which the process is to be served or executed shall not be reckoned as portion of the period referred to in clause (a) above. (c) The amount recovered from the party under clause (a) above shall be credited to Government. Note (xv) : Nothing contained in these rules shall apply to processes issued in proceedings under the Bombay Agricultural Debtors' Relief Act (Bom. XXVIII of 1947). The fee chargeable in respect of such processes are prescribed in High Court Circular

9 No.P. 0122/47, dated the 9th November 1948, published at page No. 914 of the Bombay Government Gazette for 1948, Part IV C. Note: See also on this subject paragraph 111 of Chapter VIII. The aforesaid rules which were made applicable to the newly added territories of the Re organised State of Maharashtra under High Court Notification No.P. 6326/56, dated 31st March 1959, have been continued to remain in force, and shall be deemed to have been framed under section 32 of the Bombay Court Fees Act, 1959 (Bom. XXXVI of 1959) with effect from 1st August 1959, provided that the exemptions if any, already in force in the aforesaid newly added territories of the Re organised State of Maharashtra in respect of payment of process fees which are similar to the exemptions granted by the High Court Notification No. PR. 0703/49, dated 17th October 1958, and which were continued by the High Court Notification No. P. 6326/56, dated 31st March 1959, shall also continue to remain in force Before any process is issued in any Court, the proper Officer of the Court should calculate the amount to be paid as Court fees, and should give information of such amount to the person by whom the fees are payable. Such fees should be paid before the end of the fourth day from the date of the order of the Court, provided that, if the office is closed on the forth day, the fees may be received on the next day, the office is open. The Court may, for sufficient reason, extend the time for payment. The stamp received for Court fees should be affixed too the application made for the issue of the process. After the process fees have been received but not before, the necessary summons, notice, warrant, or other process, should be prepared. When the process is to be issued beyond the jurisdiction of the Court, a note should be made on the process that the proper fee has been levied For warrants for partition in execution of partition decrees the process fees should be charged as follows : They should be charged at the rate mentioned in item III at page 168 of the Civil Manual. The fees should be calculated and charged according to the number of warrants or commissions issued irrespective of the fact whether all the properties are situated in one village or more than one village. Further they should be calculated on the value of the share of the decree holder in the properties mentioned in the particular warrant or commission. For instance, when a darkhast is filed for partition of house as well as lands and the Court issued one commission for partitioning all the houses and a warrant to the Collector for partitioning the lands, the fees should be calculated for the commission on the value of the share of the decree holder in all the houses mentioned therein even though the houses may be situated in different vilages. If

10 however, two or more commissions are issued seperately for different houses situated in different villages, the process fees should be calculated and charged separately for each of them on the value of the share of the decree holder in the houses mentioned in each commission. In regard to lands, as there will be only one warrant addressed to the Collector for partitioning all the lands though they may be situated in different villages, the fees should be levied on the value of the share of the decree holder in all these lands All Judges are permitted to levy charges for beating of the drum for attachment of immovable properties at such rates as they consider reasonable having regard to the situation of the properties and the conditions prevailing in the village in which the beating of the drum is done. Ordinarily, the rate should be Re. 1 for each beating of the drum and the charges should be levied at this rate for the beating of the drum irrespective of the number of properties for which the beating of the drum is done. In cases, however, where the properties are situated at a distance from one another though in the same village and the beating of the drum has, therefore to be done at more than one place, the charges may be levied at the above rate, separately for the beating of the drum at each of the places When a decree holder seeks the sale of immovable properties situated at different places or villages, only one warrant and one proclamation of the sale with as many copies as there are places or villages should be issued. Only one process fee should be charged for the warrant and another for the proclamation The members of the Scheduled Tribes specified in the Schedule annexed hereto are exempted from payment of process fees. This rule shall be effective retrospectively from and inclusive of the 7th day of September 1961 and shall remain in force up to and inclusive of the 31st day of March SCHEDULE Part IX Maharashtra 1. Andh. 2. Baiga. 3. Barda. 4. Bavacha, Bamcha. 5. Bhaina. 6. Bharia Bhumia, Bhuinhar Bhumia, Pande. 7. Bhattra.

11 8. Bhail, Bhil Garasia, Dholi Bhil, Dungril Bhil, Dungri Garasia, Mewasi Bhil, Rawal Bhil, Tadvi Bhil, Bhagalia, Bhilala, Pawra, Vasava, Vasave. 9. Bhunjia. 10. Binjhwar. 11. Birhul, Birher. 12. Chodhara (excluding Akola, Amravati, Bhandara, Buldhana, Chandrapur, Nagpur, Wardha, Yavatmal, Aurangabad, Beed, nanded, Osmanabad and Parbhani districts.) 13. Dhanka, Tadvi, Tetaria, Valvi. 14. Dhanwar. 15. Dhendia. 16. Dubla, Talavia, Halpati. 17. Gamit, Gamta, Gavit, Mavehi, Padvi. 18. Gond Rajgond, Arakh, Arrakh, Agaria, Asur, Badi Maria, Bada Maria, Bhatola, Bhimma, Bhuta, Koilabhuta, Koilabhuti, Bhar, Disonborn Maria, Chota Maria, Dhandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Gaiki, Gatta, Gatti, Gaita, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Khirwar, Khirwara, Kaucha Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya, Mogia, Monghya Mudia, Muria, Nagarchi, Naikpod, Nagwanshi, Ojha, Raj, Sonjhari Jharoka, Thatia, Thotya, Wade Maria, Vade Maria. 19. Halba, Halbi. 20. Kamar. 21. Kathodi, Katkari Dhor Kathodi, Dhor Kathkari, Son Kathodi, Son Katkari. 22. Kawar, Kanwar, Kaur, Cherwa Rathia, Tanwar, Chattri. 23. Khairwar. 24. Kharia. 25. Kokna, Kokni Kukna. 26. Kol. 27. Kolam, Mannervarlu. 28. Koli, Dhor, Tokre Koli, Kolcha, Kolgha. 29. Koli Mahadev, Dongar Koli. 30. Koli Malhar. 31. Kondha, Kohond, Kandh. 32. Korku, Bopchi, Mouasi, Nihal, Nahul, Dondhi, Bondeya. 33. Koya, Bhine Koya, Rajkoya. 34. Nagesia, Nagasia. 35. Naikda, Nayaka, Cholivala, Nayaka, Kapadia Nayaka, Mota Nayaka, Nana Nayaka.

12 36. Oraon, Dhangad. 37. Pardhan, Pathari, Saroti. 38. Pardhi, Advichincher, Phans Pardhi, Phanse Pardhi, Langoli Pardhi, Bahelia Bahellia, Chita Pardhi, Shikari, Takankar, Takia. 39. Parja. 40. Patolia. 41. Pemla. 42. Rathawa. 43. Sawar, Sawara. 44. Thakur, Thakar, Ka Thakur, Ka Thakar, Ma Thakur, Ma Thakar. 45. Thoti (in Aurangabad, Beed, Nanded, Osmanabad and Parbhani districts Rajuri tahsil of Chandrapur district ) 46. Varli. 47. Vitolia, Kotwalia, Barodia.

13 494. No Court fee is leviable upon a certificate of a decree holder under rule 2 of Order XXI of the Civil Procedure Code, although such certificate declares that the decree holder has received a smaller sum or a thing of less value in discharge of a large sum due under the decree, or in complete discharge of the decree No Court fee is leviable on bonds executed on bonds executed by prisoners or other persons in duress or under restraint of any Court or its officers for their release in accordance with the orders of the Court Pending judicial decision by the High Court on the question, Subordinate Courts in their administrative capacity should regard section 20 (iii) of the Bombay Court fees Act 1959, as exempting applications for repayment of refund of deposits from Court fees Any copy, which on its first presentation has been duly stamped, and of which the stamps has been cancelled, may, if otherwise admissible, be used in the same or any other preceding without a fresh stamp The following is a summary of the existing law and rules as to the cancellation and use of Court fee labels and impressed stamps : (i) Section 42 of the Bombay Court fees Act, 1959 is as follows : 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. Such officer as the Court or head of the office may from time to time appoint shall, on receiving any such documents forthwith effect such cancellation by punching out the figure head so as to have the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed. (ii) Impressed stamps used for denoting Court fee need not be cancelled or punched otherwise than as required by section 42 of the Court fees Act. The record keeper of every Court shall, when a case is decided and the record consigned to his custody, punch a second hole in each lable distinct from the first which is prescribed by section 42 of the Bombay Court fees Act, and note the date of doing so at the same time, apply only to adhesive labels used under the Court fees Act, and impressed stamps used for denoting court fees need not be cancelled or punched otherwise than as required by section 42 of the Bombay Court fees Act.

14 (iii) The Court or office issuing copies, certificates and other similar documents liable to duty is, before issue, to cancel labels affixed to them by punching out as portion of the labels in such a manner as to remove neither the figurehead nor that part of the label upon which its value is expressed. As an additional precaution, the signature of the officer attesting the document, with the date, should be written across the label and upon the paper on either side of it, as is frequently done by persons signing stamped receipts. (iv) Before records are forwarded by a Subordinate Court to the District Court as required by paragraph 530 of Chapter XXVII they should be checked for ascertaining that no stamp is left unpunched. At the end of the Roznama in each case a note should be made by the suit or Darkhast Sheristedar that all the Court fees stamps have been punched. Similarly, in District Courts the clerk who completes the Roznama would check the punching of stamps and make a similar note. The Record keeper of the District Court should examine one out of every ten cases received by him and should endorse on the Roznama of the examined case and in the General Record Register that he has checked the punching of stamps in the particular case. A test inspection of cases received by the Record Keeper of the District Court should be made by Clerk of the Court of the District at the end of each quarter. (v) (a) When the fee chargeable under the Court fees Act is less than Rs. 25 such fee shall, subject to the directions contained in clause (d) below, be denoted by adhesive stamp only. Such adhesive stamp shall, either be the adhesive stamp bearing the words Court Fees at present in use, or adhesive stamps of any different shapes, size of pattern bearing the words Court Fees which may hereafter be issued for use supersession of, or in addition to, adhesive stamps now in use, (b) When the fee chargeable under the said Act amounts to or exceeds Rs. 25 such fee shall be denoted by denoted by impressed stamps bearing the words Court Fees only adhesive stamps being used to make up fractions of less than Rs.25, (c) Court fee stamped papers of the value of Rs. 10, 15 and 20 may, however be used to denote the fees chargeable under the said Act until such use in prohibited by a notification issued in this behalf under section 39(b) of the Act.

15 (vi) (a) Fees amounting to less than Rs. 25, shall be paid by affixing a single adhesive stamp, of the required value. But if single adhesive stamp of the required value is not available the stamp of the next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional adhesive stamps of the next lower value, as may be required to make up the exact amount of the fee. (b) Fees amounting to or exceeding Rs. 25 shall be paid by affixing a single impressed stamp of the required value. But if such a stamp is not available, an impressed stamp of the next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional impressed stamps of the next lower value available as may be required to make up the exact amount of the fee in combination with the adhesive stamps to make up fractions of less than Rs.25. (c) The adhesive stamp used under rule (vi)(b) shall be affixed to the impressed stamp of the highest value used. (d) Notwithstanding anything herein contained impressed Court fee stamped papers of the value of Rs. 10, 15 and 20 may be used to denote the fees chargeable under the said Act until such use is prohibited by a notification issued in this behalf under section 39(b) of the Act. (vii) When two or more impressed stamps are used to make up the amount of the fees chargeable under the Court fees Act, a portion of the subject matter shall ordinarily be written on each stamped sheet. Where this is impracticable or inconvenient, the document shall be written on one or more sheets bearing impressed stamps of the highest value, and the remaining stamps shall be punched and cancelled by the Court and filed with record, a certificate being recorded by the Court on the face of the first sheet, of the document to the effect that the full Court fee has been paid in stamps. The writing on each stamped sheet shall be attested by the signature of the person or persons executing the document. (viii) In future, stamps should be cancelled on the day of presentation or within a reasonable time from the date of presentation but invariable before the document if filed or registered or otherwise acted upon (i) In any suit disposed of by a District Court, a Subordinate Civil Court constituted under the Bombay Civil Courts Act, 1869, or Court of Small Causes constituted under the Provincial Small Causes Courts Act, 1887, as the case may be, in

16 the circumstances specified in column 1 of the Schedule hereto annexed, the part of the institution fee as specified against it in column 2 of the Schedule shall be repaid to the plaintiff by such Court, by issuing a certificates. SCHEDULE Column 1 Column 2 Suit the claim in which is admitted but only time or installments for payment is asked for. Suit which is got dismissed by a plaintiff for want of prosecution before settlement of issues or recording of any evidence Suit which is withdrawn unconditionally by the plaintiff (before the settlement of issues or recording of any evidence) as settled out of Court. Suit in which the plaint is rejected without issuing summons to the defendant as not disclosing any cause of action, or as barred by Law of Limitation. Suit in which judgment is given on admission under rule 6 of Order XII in the First Schedule to the Code of Civil Procedure, 1908, before the settlement of issues or recording of any evidence. (Vide Government Order, H.D., No CFA, 1056 III, dated 1st August 1959.) In summary suit under Order XXXVII in the First Schedule to the Code of Civil Procedure, 1908, where leave to defend is refused or where the defendant does not appear. (Vide Government Order, Law and Judiciary Department, No. CFA 1179/419(109) X, dated 28th April 1980.) Two thirds. Two thirds. Two thirds. Three fourths. Two thirds of the amount of institution fee of the claim admitted. Two thirds (ii) In any appeal or cross objections, disposed of by the Court under circumstances specified in column 1 of the Schedule hereto annexed, the part of the institution fee as specified in column 2 of the said Schedule shall be repaid to the appellant by the Court provided that the amount of the fee paid by the appellant exceeds five rupees or the claim for repayment is made within one year from the date on which

17 the appeal or cross objection is withdrawn or not prosecuted. SCHEDULE Appeal which is withdrawn or not prosecuted before registration or when registration is refused. Appeal which abates after registration because the right to sue does not survive for the legal representative of a deceased litigant. Appeal which after having been pleased before the Court for admission is withdrawn or not prosecuted. Appeal which is withdrawn or not prosecuted though registered, before it is called for effective hearing. Memorandum of cross objection which is withdrawn or is not prosecuted before an appeal, in which it is filed, is called for effective hearing. Full amount of the institution fee. Two thirds of the institution fee paid on the memorandum of appeal. Half of the institution fee paid on the memorandum of appeal. Half of the institution fee paid on the memorandum of appeal. Half of the institution fee paid on the memorandum or cross objection. [ Vide Government Order, Home Department No. CFA. 1056/58839 III, dated the 29th April 1960.] 500. A money decree, passed on admission, wherein installments are granted on the condition that in default of payment of two or more installments, the whole of the balance shall become due and payable, should be deemed to be a decree on admission under Order XII, Rule 6, C.P.C. And as such the part of the institution fee would be repayable to the Plaintiff under Item 5 of the Schedule of para 499 above A form of certificate for refund of Court fees is given below. Form of Certificate for refund of Court Fees.

18 Amount ordered to be refunded to under section of the Bombay Court Fees Act, 1959/Bombay City Civil Courts Act, (a) Read with Government Order, Home Department No. CFA III, dated the 1st August (b) Read with Government Order, Home Department, No. 5824/5, dated the 14th August (c) Read with Government Order, Home Department, No. CFA /58839 III, dated the 29th April Rupees (in words) Rs. Paise. It is certified that is/are entitled under section of the Bombay Court Fees Act, 1959/Bombay City Civil Courts Act, (a) Read with Government Order, Home Department No. CFA III, dated the 1st August (b) Read with Government Notification. Home Department, No. 5824/5, dated the 14th August (c) Read with Government Order, Home Department, No. CFA. 1056/58839 III, dated the 29th April Or under Rule or Rules framed under Bombay Act, Or under Rule or Rules framed under Bombay LVII of 1947 to receive back from the Collector of Act, LVII of 1947 in respect of plaint/ counterclaim in in Application / Memo Paise the stamp on the Plaint/Counter Rs. (in figures) (in words) Rupees of Appeal / Cross objection / Appeal / claim/application/memo of Appeal/Cross Objection Application in Suit in suit /Appeal / Application No. of 19 of the Court of the District Judge / Civil Judge (Senior / Junior Appeal/Application Division) of Bombay City Civil Court, Bombay, No. of 19 having been Rs. (in figures) (in words) This day of 19. Rupees and Paise and the Court having ordered refund of the Court having ordered refund of the institution fees. This day of 19. Judge/Registrar Judge/Registrar Prepared by On : Checked by On : (a) and (c) To be struck off in cases other than (a) and (c) To be struck off in cases other than Section 43(2). Section 43(2). (b) To be struck off in cases other than (b) To be struck off in cases other than Section 11(2) Section 11(2) A party or his lawyer may be allowed to take a search of the record and proceedings of a disposed of case on a written application made to the Court bearing a Court fee stamp of 65 P. The order for search on such application shall be made by the Presiding Officer of the Court The Court shall appoint either the Nazir or the Clerk of the Court to check and countersign every day the two registers (Register of Process fee and Register of daily receipts of Court Fees) prescribed in paragraphs 739 and 741, of Chapter XL of this

19 Manual (Form O and Q Volume II of Civil Manual).