Law Notes

Understanding Interpleader Suits and Suit Fees in Rajasthan (Section 44 & 45)

This abstract discusses interpleader suits under Section 88 and Order XXXV of the Civil Procedure Code, 1908, with an emphasis on their applicability and related suit charges in Rajasthan under the Rajasthan Court Fees and Suits Valuation Act, 1961 (Sections 44 and 45). An interpleader suit settles conflicts between defendants asserting the same property or debt from an impartial plaintiff, who wishes to escape liability. Section 44 regulates computation of fees on plaints, and Section 45 prescribes rates for suits not otherwise specified. The research identifies procedural subtleties and cost considerations in Rajasthan's legal system.

Legal Maestros March 17, 2025 2 min read

Understanding Interpleader Suits and Suit Fees in Rajasthan (Section 44 & 45)

What is an Interpleader Suit? (Section 44)

An interpleader suit is brought when several parties stake their claim over a single property or money, and the person holding it doesn’t know who to hand it to. Rather than deciding on his own, they bring a case to court in order to let the claimants battle it out legally.

In such a situation, the person who institutes the interpleader suit (the stakeholder) is required to pay a court fee under Section 45 of the Rajasthan Court Fees and Suits Valuation Act, 1961. After the court articulates issues between the claimants, they also have to pay a fee depending on the amount of money or property involved. The claimants equally share this fee.

For instance, a bank has ₹50,000 of some dead person. Two relatives of the dead person dispute the money. The bank can institute an interpleader suit, put the money in court, and allow the court to distribute it among the claimants. The fee will be levied according to the amount involved, and both claimants will be required to pay their portions.

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How Suit Fees are Calculated (Section 45)

Section 45 of the Act defines the fees for suits that do not belong to any particular category. The fees are based on the value of the money or property involved in the case.

If the value of the subject matter is less than ₹1,000, the court fee is ₹10. If the value is between ₹1,000 and ₹3,000, the fee is ₹30. If the value is between ₹3,000 and ₹5,000, the fee is ₹100. For values ranging from ₹5,000 to ₹10,000, the fee is ₹200. If the amount is more than ₹10,000, the court fee is ₹300.

For instance, if someone files a case for a contentious property worth ₹8,000, he has to pay ₹200 as a court fee. If the property is worth ₹12,000, he has to pay ₹300.

These provisions ensure that cases are filed only when required and the claimants bear the cost of legal proceedings. These sections are necessary for anyone who is involved in civil disputes in Rajasthan.