Law Notes

Court Inquiry and Government Involvement in Fee Determination: Sections 18 & 19 of The Rajasthan Court Fees and Suits Valuation Act, 1961

Rajasthan Court Fees and Suits Valuation Act, 1961, under sections 18 and 19, offers a systematic method of court fee calculation by judicial and governmental intervention. Section 18 empowers courts to make investigations into the valuation and fee of a suit, so that there is proper payment by rectifying anomalies such as underpayment or overpayment. Section 19 provides for government intervention through the provision of appeals against the court's fee orders, facilitating oversight and final determination by a superior authority. These two sections collectively provide for accuracy, fairness, and transparency in the assessment of fees, reconciling judicial autonomy with governmental oversight and ensuring proper revenue for the state.

Legal Maestros March 13, 2025 2 min read

Section 18: Inquiry by the Court and Appointment of Commission

If a court is required to decide whether a case value has been properly stated or if a correct court fee has been deposited, it can hold an inquiry. The court can look into records, request more documents, and even order a local investigation.

For instance, if a plaintiff asserts that a property involved in a case is worth ₹5 lakhs and the defendant states that it is worth ₹10 lakhs, the court can direct an inquiry to ascertain the true value. The court can appoint a commissioner, like a revenue officer or a surveyor, to visit the property and report. The findings of the commission become evidence in the case and help the court decide the correct fee that must be paid.

This provision ensures fairness by allowing courts to verify claims related to valuation and prevent underpayment or overpayment of court fees.

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Section 19: Notice to the State Government in Fee-Related Inquiries

Occasionally, when the court decides on a suitable fee for a plaint, an appeal, or petition, it will direct a notice to the State Government. That is, the government becomes a party in the case but only to determine the appropriate court fee.

For instance, when an individual lodges a case with a claim of low value of property for the purpose of lowering the court fee, the government can intervene to dispute such valuation. In case the court serves a notice to the government, it is able to raise its own valuation and arguments. The final order or judgment of the court on the issue forms part of the final order or judgment of the case.

This section assists in guarding government revenue and makes sure no individual pays lower than the required court fee by underestimating their claims.