Lawgist.Download the App Now!
Get our Android app for fast and offline Access.
(1) In any suit in which separate and distinct reliefs are sought based on the same cause of action, the plaint shall be chargeable with a fee on the aggregate value of the reliefs: Provided that, if a relief is sought only as ancillary to the main relief the plaint shall be chargeable only on the value of the main relief. (2) Where more reliefs than one based on the same cause of action are sought in the alternative in any suit, the plaint shall be chargeable with the highest of the fees leviable on the reliefs. (3) Where a suit embraces two or more distinct and different causes of action and separate reliefs are sought based on them, either alternatively or cumulatively, the plaint shall be chargeable with the aggregate amount of the fees with which plaints would be chargeable under this Act if separate suits were instituted in respect of the several causes of action: Provided that, where the causes of action in respect of reliefs claimed alternatively against the same person arise out of the same transaction, the plaint shall be chargeable only with the highest of the fees chargeable on them. (4) Nothing in sub-section (3) shall be deemed to affect any power conferred upon a Court under rule 6 of Order II of the Code of Civil Procedure, 1908 (Central Act 5 of 1908). (5) The provisions of this section shall apply mutatis mutandis to memoranda of appeals, applications, petitions and written statements. Explanation.- For the purpose of this section, a suit for possession of immovable property and for mesne profits shall be deemed to be based on the same cause of action.
<span style="margin-left:15px;"></span> <span style="margin-left:15px;"></span> (1) In any suit in which separate and distinct reliefs are sought based on the same cause of action, the plaint shall be chargeable with a fee on the aggregate value of the reliefs:<br> <span style="margin-left:15px;"></span> <span style="margin-left:15px;"></span> Provided that, if a relief is sought only as ancillary to the main relief the plaint shall be chargeable only on the value of the main relief.<br> <span style="margin-left:15px;"></span> <span style="margin-left:15px;"></span> (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.<br> <span style="margin-left:15px;"></span> <span style="margin-left:15px;"></span> (3) Where a suit embraces two or more distinct and different causes of action and separate reliefs are sought based on them, either alternatively or cumulatively, the plaint shall be chargeable with the aggregate amount of the fees with which plaints would be chargeable under this Act if separate suits were instituted in respect of the several causes of action:<br> <span style="margin-left:15px;"></span> <span style="margin-left:15px;"></span> Provided that, where the causes of action in respect of reliefs claimed alternatively against the same person arise out of the same transaction, the plaint shall be chargeable only with the highest of the fees chargeable on them.<br> <span style="margin-left:15px;"></span> <span style="margin-left:15px;"></span> (4) Nothing in sub-section (3) shall be deemed to affect any power conferred upon a Court under rule 6 of Order II of the Code of Civil Procedure, 1908 (Central Act 5 of 1908).<br> <span style="margin-left:15px;"></span> <span style="margin-left:15px;"></span> (5) The provisions of this section shall apply <i>mutatis mutandis</i> to memoranda of appeals, applications, petitions and written statements.<br> <span style="margin-left:15px;"></span> <span style="margin-left:15px;"></span> <b>Explanation.</b>- For the purpose of this section, a suit for possession of immovable property and for mesne profits shall be deemed to be based on the same cause of action.<br>