Law Notes

Court Fees on Written Statements and Appeals: Sections 14 & 15 of The Rajasthan Court Fees and Suits Valuation Act, 1961

Articles 14 and 15 of the Rajasthan Court Fees and Suits Valuation Act, 1961, regulate court charges on written statements and appeals in civil cases. Section 14 states a uniform charge, outlined in the schedule to the Act, for defendants who file written statements against a claim made by a plaintiff. Section 15 states a fee regimen for appeals on the basis of the valuation of the suit, with higher rates for larger suits. These provisions ensure judicial finance, promote fair cost-sharing, and harmonise fees, promoting transparency in Rajasthan's legal system.

Legal Maestros March 13, 2025 2 min read

Section 14: Court Fee on Written Statements

Sometimes a defendant files a written statement containing a counterclaim or a new claim against the plaintiff or a co-defendant. If such a claim is subject to a court fee, the provisions of Section 11 hold. For these purposes, the defendant is regarded as the plaintiff, and the plaintiff (or co-defendant) is regarded as the defendant.

For instance, when a defendant in a case involving a dispute over property submits a written declaration that they own the disputed land and want a declaration in their favour, they need to pay the prescribed court fee for their application. The proper fee will be decided by the court, and if the defendant does not pay, their application may not be entertained.

This provision guarantees that if a defendant makes a claim that is similar to a plaintiff’s, they are also subject to the same rules when it comes to court fees.

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Section 15: Court Fee on Appeals and Related Proceedings

Where an appeal is filed, whether first appeal, second appeal, or objection, the fee of the court has to be calculated just as in a case of plaint. The provisions from Sections 10 to 13 are to apply to appeals and hence, in case more fee is to be paid, timely payment should be made, lest the appeal doesn’t proceed.

For instance, if someone loses a case in a lower court and appeals to the Rajasthan High Court, he has to pay the relevant court fee for the appeal. If an appeal is regarding a money dispute, the fee is determined on the basis of the amount involved. Likewise, if a respondent files a cross-objection against part of the lower court’s order, he has to pay the relevant fee as well.

This provision preserves equity within the appellate process by ensuring that all concerned parties cover the required fees in the court at every step of the legal process.