Law Notes

Additional Court Fees and Claim Relinquishment: Sections 12 & 13 of The Rajasthan Court Fees and Suits Valuation Act, 1961

The Rajasthan Court Fees and Suits Valuation Act, 1961, in Sections 12 and 13 controls extra court charges and abandonment of claims in lawsuits. Section 12 permits the courts to add supplementary charges in case the original payment proves to be less than required so as to correspond to the true valuation of the suit. Section 13 supports claimants in abandoning portions of their claims with resultant fee modification that is commensurate to the diminished claim amount. These provisions maintain accurate fee assessment, deter undervaluation schemes, and ensure rightful state revenue from court fees, upholding fairness and integrity in the judicial process.

Legal Maestros March 13, 2025 2 min read

Section 12: Paying Extra Costs for New Problems

In the course of a court case, there are instances when new problems arise that call for extra court costs. When a party incurs the costs of paying extra fees due to these new problems, the provisions of Section 11 apply. The court determines the proper amount, and the party pays it within the provided time.

If the party fails to pay the extra fee timely, the court will strike that issue from the case. The case will be heard solely on the other issues.

For instance, if one institutes a claim for property ownership, and afterward, the court outlines a supplemental issue regarding rental revenues from such a property, then if that supplemental issue comes at an extra fee and is not paid, the court will disallow it and proceed with the case in exclusion. That stipulation serves to keep parties from procrastinating procedures by staying clear of extra costs while preserving justice.

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Section 13: Abandonment of part of a claim in order to minimize fees

If a plaintiff is required to pay extra court costs but cannot or does not wish to do so, he or she is entitled to abandon part of his or her claim. He or she may apply to the court to modify the plaint so that the court fee paid is sufficient for the diminished claim. The court will permit this alteration on equitable terms and proceed with the modified claim. Nevertheless, the plaintiff is not in a position to revive subsequently abandoned part of the claim.

For instance, if someone files a suit for ₹10 lakh but finds that they have to pay more fee than they thought, they can opt to scale down their claim to ₹7 lakh. The court will approve this reduction, and the case will proceed on the reduced sum. But the plaintiff cannot subsequently claim the remaining ₹3 lakh in the same case.

These provisions assist in ensuring payment of court charges properly and also provide a measure of freedom to plaintiffs in managing their claims. They avoid undue delays and ensure that cases move smoothly through the courts of Rajasthan.