Understanding Court Fees in Rajasthan: Sections 9 & 10 of The Rajasthan Court Fees and Suits Valuation Act, 1961

Section 9: Document Fees with Two or More Descriptions

Where a document belongs to two or more descriptions under The Rajasthan Court Fees and Suits Valuation Act, 1961, the fee payable is determined according to the highest of the two or more descriptions. That is, if two or more fees are applicable for a document, the highest of them will be paid.

For instance, let us consider that a legal document can be regarded as both “general agreement” and as a “special contract.” Let’s assume the charge for a general agreement is ₹500 and that for a special contract is ₹1,000. In that case, whoever files the document has to pay ₹1,000 because it is the greatest fee payable in such cases.

Also, in case a document belongs to a special category as well as to a general category, the fee for the special category will be charged. The provision makes it possible to charge documents according to their nature and not pay excessive fees.

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Section 10: Valuation of a Suit by the Plaintiff

When a suit is filed by a plaintiff in a court, the court fee varies according to the market value of the subject matter. According to Section 10, the plaintiff has to provide a statement including the details of the subject matter and its valuation. The statement should be provided in the manner prescribed unless the details are mentioned in the plaint itself.

For example, if a plaintiff is suing to establish ownership of a property worth ₹10 lakh, the fee payable will be determined on the basis of this valuation. In the same way, if one is suing for damages of ₹5 lakh, the fee payable will be ascertained on the basis of that amount.

This clause aims to ensure openness and avoid undervaluation of cases for the purpose of lowering court fees. It also assists the court in ascertaining the proper jurisdiction and ensuring equitable proceedings.

By adhering to these regulations, litigants can avoid unnecessary postponements and ensure their documents and suits are properly processed in the system of Rajasthan law.