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  "title": "COURT FEES’ ACT, 1870",
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  "text": "THE COURT FEES’ ACT, 1870 \r\n(VII OF 1870) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title. — Extent of Act. — Commencement of Act \r\n1-A. Definition of “Appropriate Government” \r\n2. Repealed \r\nCHAPTER II \r\nFEES IN THE HIGH COURTS \r\n3. Levy of fees in High Courts on their original sides \r\n4. Fees on documents filed, &c., in High Courts in their extraordinary \r\njurisdiction; in their appellate jurisdiction; as Courts of reference and \r\nrevision \r\n5. Procedure in case of difference as to necessity or amount of fee \r\nCHAPTER III \r\nFEES IN OTHER COURTS AND IN PUBLIC OFFICES \r\n6. Fees on documents filed, &c., in Mufassal Courts or in public offices \r\n7. Computation of fees payable in certain suits: \r\ni. For money. \r\nii. For maintenance and annuities. \r\niii. For other moveable property having a market-value. \r\niv. For moveable property of no market-value. \r\n  To enforce right to share in joint family property. \r\n  For a declaratory decree and consequential relief. \r\n  For an injunction. \r\n  For easements. \r\n  For accounts. \r\nv. For possession of lands, houses and gardens \r\nProviso as to the Bombay Presidency. \r\nvi. To enforce a right of pre-emption. \r\nvii. For the interest of an assignee of land-revenue. \r\nviii. To set aside an attachment. \r\nix. To redeem. \r\nTo foreclose. \r\n x. For specific performance. \r\n xi. Between landlord and tenant. \r\n8. Fee on memorandum of appeal against order relating to compensation. \r\n9. Power to ascertain net profits or market-value. \r\n10. Procedure where net profits or market-value wrongly estimated. \r\n11. Procedure in suits  for mesne profits or account when amount decreed \r\nexceeds amount claimed. \r\n12. Decision of question as to valuation. \r\n13. Refund of fee paid on memorandum of appeal. \r\n14. Refund of fee on application for review of judgment. \r\n15. Refund where Court reverses or modifies its former decision on ground \r\nof mistake. \r\n16. Repealed. \r\n17. Multifarious suits. \r\n18. Written examination of complainants. \r\n19. Exemption of certain documents. \r\nCHAPTER III-A \r\nPROBATES, LETTERS OF ADMINISTRATION AND \r\nCERTIFICATES OF ADMINISTRATION \r\n19-A. Relief where too high a court-fee has been paid. \r\n19-B. Relief where debts due from a deceased person have been paid out of \r\nhis estate. \r\n19-C. Relief in case of several grants. \r\n19-D. Probates declared valid as to trust -property though not covered by \r\ncourt-fee. \r\n19-E. Provision for case where too low a court -fee has been paid on probates, \r\netc. \r\n19-F. Administrator to give proper security before letters stamped under \r\nsection 19-E. \r\n19-G. Executors, etc., not paying full court -fee on probates, etc., within six \r\nmonths after discovery of under-payment. \r\n19-H. Notice of applications for probate or letters of administration to be given \r\nto Revenue-authorities, and procedure thereon. \r\n19-I. Payment of court -fees in respect of probates and letters of  \r\nadministration. \r\n19-J. Recovery of penalties, etc. \r\n19-K. Sections 6 and 28 not to apply to probate or letters of administration. \r\nCHAPTER IV \r\nPROCESS FEES \r\n20. Rules as to cost of processes — Confirmation and publication of rules. \r\n20-A. Exemption for certain processes. \r\n21. Tables of process fees. \r\n22. Number of peons in District and Subordinate Courts — Number of peons \r\nin Mofussal Small Cause Courts. \r\n23. Repealed. \r\n24. Repealed. \r\nCHAPTER V \r\nOF THE MODE OF LEVYING FEES \r\n25. Collection of fees by stamps. \r\n26. Stamps to be impressed or adhesive. \r\n27. Rules for supply, number, renewal and keeping accounts of stamps. \r\n28. Stamping documents inadvertently received. \r\n29. Amended document. \r\n30. Cancellation of stamp. \r\nCHAPTER VI \r\nMISCELLANEOUS \r\n31. Repealed. \r\n32. Repealed. \r\n33. Admission in criminal cases of documents for which proper fee has not \r\nbeen paid. \r\n34. Sale of stamps. \r\n35. Power to reduce or remit fees. \r\n35-A. Repealed. \r\n36. Saving of fees to certain officers of High Courts. \r\nSCHEDULE I \r\nAd valorem fees \r\nTable of rates of ad valorem fees leviable on the institution of suits. \r\nSCHEDULE II \r\nFixed fees \r\nSCHEDULE III \r\nForm of valuation (to be used with such modification, if any, as may be \r\nnecessary) \r\nANNEXURE A \r\nVALUATION OF THE MOVABLE AND \r\nIMMOVABLE PROPERTY OF DECEASED \r\nANNEXURE B \r\nSCHEDULE OF DEBTS, ETC. \r\nTEXT \r\n1\r\nTHE COURT FEES’ ACT, 1870 \r\n(VII of 1870) \r\n[12th March, 1870] \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title.– This Act may be called “The Court Fees’ Act, 1870”: \r\nExtent of Act.– It extends to \r\n2\r\n[the whole of Pakistan]. \r\nCommencement of Act.– And it shall come into force on the first day of April  \r\n1870. \r\n3\r\n[1-A. Definition of “Appropriate Government” .– In this Act “the Appropriate \r\nGovernment” means, in relation to fees or stamps relating to documents presented \r\nor to be presented before any officer serving under the \r\n4\r\n[Federal] Government, that \r\nGovernment, and in relation to any other fees or stamps, the Provincial \r\nGovernment]. \r\n5\r\n[2. “Chief Controlling Revenue-authority” defined.– * * * * *   ] \r\nCHAPTER II \r\nFEES IN THE HIGH COURTS \r\n6\r\n[* * *] \r\n                                                 \r\n1For Statement of Objects and Reasons, see Gazette of India, 1869, Pt. V, p. 57; for Proceedings in Council, see ibid., 1869, \r\nSupplement, pp.  1179 and 1452; ibid., 1870, Supplement, pp. 52, 378, 421, 427 and 434. \r\n For abolition of court fee in criminal cases and civil suits involving amounts not exceeding twenty five thousand rupees, see  \r\nthe Punjab Court Fee (Abolition) Ordinance, 1983 (Punjab Ordinance X of 1983), which was not subject to the limitation as to \r\nits duration under the Constitution, vide the Laws (Continuance in Force) Order, 1977 (CMLA’s Orders No. 1 of 1977), and was \r\nvalidated by Article 270A of the Constitution of the Islamic Republic of Pakistan (1973). \r\nThis Act received the assent of Governor General on 11.03.1870 and published in the Gazette of India , Part IV,  dated \r\n12.03.1870, pages 23-63. \r\n2Substituted for the words “all the Provinces and the capital of the Federation” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); and published in the Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725 -845, s.3  and 2nd \r\nSchedule,  (with effect from the 14th October, 1955), which were previously substituted for the words “the whole of British \r\nIndia,” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of \r\nPakistan (Extraordinary), dated 28.3.1949, Pages 223-283, Art.3(2) & the Schedule. \r\n3Section 1-A, inserted by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India \r\n(Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I. \r\n4Substituted for the word “Central” by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974); and publ ished in the \r\nPunjab Gazette (Extraordinary) dated 20.11.1974, pages 1425-A to 1425 -PP, Article 2 & the  Schedule, Part I, at entry No.1  \r\n(14.8.1973). \r\n5Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of  India \r\n(Extraordinary), dated 1.4.1937, pages 75 -344, see Article 3 & Schedule I. Earlier inserted by the Court-fees (Amendment) Act, \r\n1901 (X of 1901); received the assent of Governor General on 11.10.1901.  \r\n6The words “and in the court of Small Causes at the Presidency Towns” omitted by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); and published in the Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725 -845, s.3  and 2nd \r\nSchedule  (with effect from the 14th October, 1955). \r\n3. Levy of fees in High Cour ts on their original sides .– The fees payable for \r\nthe time being to the clerks and officers (other than the sheriffs and attorneys) of the \r\n7\r\n[High Courts]; \r\nor chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, \r\n14, \r\n8\r\n[***], 20 and 21 of the second schedule to this Act annexed; \r\n9\r\n[* * * * * * * * * * * *   ] \r\nshall be collected in manner hereinafter appearing. \r\n4. Fees on documents filed, & c., in High Courts in their extraordinary \r\njurisdiction.– No document of any of the kinds specified i n the first or second \r\nschedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or \r\nrecorded in, or shall be received or furnished by, any of the \r\n10\r\n[***] High Courts in any \r\ncase coming before such Court in the exercise of its extraordi nary original civil \r\njurisdiction; \r\nor in the exercise of its extraordinary original criminal jurisdiction; \r\nin their appellate jurisdiction; or in the exercise of its jurisdiction as regards \r\nappeals from the \r\n11\r\n[judgments (other than judgments passed in the ex ercise of the \r\nordinary original Civil Jurisdiction of the Court) of \r\n12\r\n[two]] or more Judg es of the said \r\nCourt, or of a Division Court; \r\nas Courts of reference and revision; or in the exercise of its jurisdiction as \r\nregards appeals from the Courts subject to its superintendence; \r\nor in the exercise of its jurisdiction as a Court of reference or revision; \r\nunless in respect of such document there be paid a fee on an amount not less \r\nthan that indicated by either of the said schedules as the proper fee for such \r\ndocument. \r\n5. Procedure in case of difference as to necessity or amount of fee .– When \r\nany difference arises between the officer whose duty it is to see that any fee is paid \r\nunder this Chapter and any suitor or attorney, as to the necessity of paying a fee or \r\nthe amount  thereof, the question shall, when the difference arises in any of the \r\n13\r\n[***] \r\n                                                 \r\n7The original words and figures as amended by the Repealing and Amending Act, 1917 (XXIV of 1917) , dated 27.9.1917, s.2 \r\nand Schedule; and the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India \r\n(Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I, have successively been amended by the Adaptation \r\nof Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and published in the Gazette of Pakistan (Extraordinary), \r\ndated 28.3.1949, Pages 223-283, Art.3(2) & the Schedule.  and by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of \r\n1960); and published in the Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3, 2nd Schedule,  (with effect \r\nfrom the 14th October, 1955 to read as above. \r\n8The number “16” repealed by the Amending Act, 1891 (XII of 1891); and published in the Government Gazette, Punjab and its \r\nDependencies, dated 9.4.1891, pages 21-67, s.2(1) and First Schedule. \r\n9The words “and the fees for the time being chargeab le in the Courts of Small Causes at the Presidency -towns and their \r\nseveral officers” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in \r\nthe Gazette of Pakistan (Extraordinary) dated 28.3.1949, Pages 223-283, Article 3(2) & the Schedule. \r\n10The word “said” omitted by the  Central Laws (Statute Reform) Ordinance, 1960 (XXI of  1960 (XXI of 1960); and published in \r\nthe Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725 -845, s.3, 2 nd Schedule, (with effect from the 14th October, \r\n1955). \r\n11Substituted for the words “judgment of two” by the Court-fees (Amendment) Act, 1922 (XIX of 1922). \r\n12Substituted for “one” by the Court-Fees (Punjab Amendment) Act, 1922 (VII of 1922). \r\n13The word “said” omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in the Gazette of \r\nPakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3, 2nd Schedule, (with effect from the 14th October, 1955). \r\nHigh Courts, be referred to the taxing -officer, whose decision thereon shall be final, \r\nexcept when the question is, in his opinion, one of general importance, in which case \r\nhe shall refer it to the final decision of the Chief Justice of such High Court, or of \r\nsuch Judge of the High Court as the Chief Justice shall appoint either generally or \r\nspecially in this behalf. \r\n14\r\n[* * * * * * * * * * * *   ] \r\nThe Chief Justice shall declare who shall be taxing -officer within the meaning \r\nof the first paragraph of this section. \r\nCHAPTER III \r\nFEES IN OTHER COURTS AND IN PUBLIC OFFICES \r\n6. Fees on documents filed, & c., in Mufassal Courts or in public offices .– \r\nExcept in the Courts herein bef ore mentioned, no document of any of the kinds \r\nspecified as chargeable in the first or second schedule to this Act annexed shall be \r\nfiled, exhibited or recorded in any Court of Justice, or shall be received or furnished \r\nby any public officer, unless in res pect of such document there be paid a fee of an \r\namount not less than that indicated by either of the said schedules as the proper fee \r\nfor such document. \r\n7. Computation of fees payable in certain suits .– The amount of fee payable \r\nunder this Act in the suits next hereinafter mentioned shall be computed as follows:– \r\n(i) For money .– In suits for money (including suits for damages or \r\ncompensation, or arrears of maintenance of annuities, or of other sums \r\npayable periodically)– according to the amount claimed; \r\n(ii) For maintenance and annuities .– In suits for maintenance and \r\nannuities or other sums payable periodically –according to the value of \r\nthe subject -matter of the suit, and such value shall be deemed to be \r\nten times the amount claimed to be payable for one year; \r\n(iii) For moveable property having a market -value.– In suits for \r\nmoveable property other than money, where the subject -matter has a \r\nmarket-value– according to such value at the date of presenting the \r\nplaint; \r\n(iv) In suits– \r\n(a) for moveable property of no market -value.– for moveable \r\nproperty where the subject -matter has no market -value, as, for \r\ninstance, in the case of documents relating to title, \r\n(b) to enforce a right to share in joint family property .– to \r\nenforce the right to share in any property on the ground that it is \r\njoint family property, \r\n                                                 \r\n14The paragraph omitted ibid., (with effect from the 14th October, 1955). \r\n(c) for a declaratory decree and consequential relief .– to obtain \r\na declaratory decree or order, where consequential relief is \r\nprayed, \r\n(d) for an injunction.– to obtain an injunction, \r\n(e) for easements .– for a r ight to some benefit (not herein \r\notherwise provided for) to arise out of land, and \r\n(f) for accounts.– for accounts– \r\naccording to the amount at which the relief sought is valued in \r\nthe plaint or memorandum of appeal: \r\nIn all such suits the plaintiff shall st ate the amount at which he \r\nvalues the relief sought \r\n15\r\n[:] \r\n16\r\n[Provided that nothing in this clause shall apply to suits \r\nmentioned in clause iv-A,], \r\n17\r\n[(iv-A) For a declaratory decree regarding immovable property on the \r\nbasis of alleged sale , etc.– In suits for  a declaratory decree with or \r\nwithout consequential relief as to right in or title to immovable property \r\nbased on alleged sale, gift, exchange or mortgage – according to the \r\nvalue of the property], \r\n18\r\n[(v) for possession of lands, houses and gardens .– In suit s for the \r\npossession of land, houses and gardens– \r\naccording to the value of the subject -matter; and such value shall be \r\ndeemed to be– \r\n(a) where the subject -matter is land and where net profits have \r\narisen from such land during the year next before the date  of \r\npresenting the plaint–fifteen times such net profits;  \r\n(b) where the subject-matter is land and where no such profits have \r\narisen therefrom–market value of such land; \r\n(c) where the subject -matter is a house or garden according to the \r\nmarket value of the house or garden]. \r\n19\r\n[(vi) To enforce a right of pre-emption– \r\nIn suits to enforce a right of pre-emption– \r\n(a) Where the subject -matter is land, according to the value of the \r\nland in respect of which the right is claimed calculated by multi -\r\n                                                 \r\n15Substituted by the Punjab Finance Act, 1973 (XIV of 1973); and published in the Punjab Gazette (Extraordinary), dated \r\n29.6.1973, pages 999-A to 999-R, s.8 (w.e.f. 1.7.1973). \r\n16Added ibid. \r\n17Ibid. \r\n18Substituted ibid. \r\n19Substituted by the Court Fees (A mendment) Act, 1990 (V of 1990); and published in the Punjab Gazette (Extraordinary), \r\ndated 12.7.1990, pages 1297-C to 1297-D, s.2. \r\nplying the produce index units of such land with the money value \r\nof a produce index as notified by the Government; and \r\n(b) Where the subject matter is a house or a garden, according to \r\nthe value computed in accordance with clause (v) of this \r\nSection. \r\nExplanation.– “Produce index unit” means the measure notified by the Government \r\nin terms of which the productivity of an acre of land of a particular kind in a particular \r\nassessment circle or area is computed;] \r\n(vii) For interest of assignee of land -revenue.– In suits for the interest of \r\nan assignee of land revenue– fifteen times his net profit as such for the \r\nyear next before the date of presenting the plaint: \r\n(viii) To set aside an attachment .– In suits to set aside an attachment of \r\nland or of an interest in land or revenue – according to the amount for \r\nwhich the land or interest was attached: \r\nProvided that where such amount exceeds the value of the land or \r\ninterest, the amount of fee shall be computed as if the suit were for the \r\npossession of such land or interest: \r\n(ix) To red eem.– In suits against a mortgagee for the recovery of the \r\nproperty mortgaged,  \r\nTo foreclose.– and in suits by a mortgagee to foreclose the mortgage, \r\nor, where the mortgage is made by conditional sale, to have the sale \r\ndeclared absolute– \r\naccording to the p rincipal money expressed to be secure d by the \r\ninstrument of mortgage: \r\n(x) For specific performance.– In suits for specific performance– \r\n(a) of a contract of sale – according to the amount of the \r\nconsideration: \r\n(b) of a contract of mortgage– according to the amount agreed to be \r\nsecured: \r\n(c) of a contract of lease– according to the aggregate amount of the \r\nfine or premium (if any) and of the rent agreed to be paid during \r\nthe first year of the term; \r\n(d) of an award– according to the amount or value of the proper ty in \r\ndispute; \r\n(xi) Between landlord and tenant .– In the following suits between \r\nlandlord and tenant:– \r\n(a) for the delivery by a tenant of the counterpart of a lease, \r\n(b) to enhance the rent of a tenant having a right of occupancy, \r\n(c) for the delivery by a landlord of a lease, \r\n20\r\n[(cc) for the recovery of immoveable property from a tenant, including \r\na tenant holding over after the determination of a tenancy;] \r\n(d) to contest a notice of ejectment, \r\n(e) to recover the occupancy of \r\n21\r\n[immoveable property] from wh ich \r\na tenant has been illegally ejected by the landlord, and \r\n(f) or abatement of rent– \r\naccording to the amount of the rent of the \r\n22\r\n[immoveable \r\nproperty] to which the suit refers payable for the year next \r\nbefore the date of presenting the plaint. \r\n23\r\n[(xii) In suits not expressly provided for in this section, according to the value \r\nclaimed, but such value shall not be less than a value which would \r\nattract a Court-fee of less than fifteen rupees.] \r\n8. Fee on memorandum of appeal against order relating to compensa tion.– \r\nThe amount of fee payable under this Act on a memorandum of appeal against an \r\norder relating to compensation under any Act for the time being in force for the \r\n24\r\nacquisition of land for public purposes shall be computed according to the \r\ndifference between the amount awarded and the amount claimed by the appellant. \r\n9. Power to ascertain net profits or market -value.– If the Court sees reason \r\nto think that the annual net profits or the market -value of any such land, house or \r\ngarden as is mentioned in sect ion 7, paragraphs (v) and (vi), have or has been \r\nwrongly estimated, the Court may, for the purpose of computing the fee payable in \r\nany suit therein mentioned, issue a commission to any proper person directing him to \r\nmake such local or other investigation as may be necessary, and to report thereon to \r\nthe Court. \r\n10. Procedure where net profits or market -value wrongly estimated.– (i) If in \r\nthe result of any such investigation the Court finds that the net profits or market -\r\nvalue have or has been wrongly estimat ed, the Court, if the estimation has been \r\nexcessive, may in its discretion refund the excess paid as such fee: but, if the \r\nestimation has been insufficient, the Court shall require the plaintiff to pay so much \r\nadditional fee as would have been payable had the said market -value or net profits \r\nbeen rightly estimated. \r\n(ii) In such case the suit shall be stayed until the additional fee is paid. If \r\nthe additional fee is not paid within such time as the Court shall fix, the \r\nsuit shall be dismissed. \r\n                                                 \r\n20Inserted by the Court -fees (Amendment) Act, 1905 (VI of 1905); and published in the Government Gazette, P unjab and Its \r\nDependencies, dated 5.10.1905, page 39, s.2. \r\n21Substituted for the word “land” by the Court -fees (Amendment) Act, 1905 (VI of 1905) ; and published in the Government \r\nGazette, Punjab and Its Dependencies, dated 5.10.1905, page 39, s.2. \r\n22Ibid. \r\n23Added by the Court -fees (Amendment ) Ordinance, 1962 (LII of 1962); and published in the Gazette of Pakistan \r\n(Extraordinary), dated 7.6.1962, pages 983-984, s.2. \r\n24See now the Land Acquisition Act, 1894 (I of 1894). \r\n25\r\n[* * * * * * * * * * * *   ] \r\n11. Procedure in suits for mesne profits or account when amount decreed \r\nexceeds amount claimed .– \r\n26\r\n[(1)] In suits for mesne profits or for immoveable \r\nproperty and mesne profits, or for an account, if the profits or amount decreed are or \r\nis in excess of the profits claimed or the amount at which the plaintiff valued the relief \r\nsought, the decree shall not be executed until the difference between the fee actually \r\npaid and the fee which would have been payable had the suit comprised the whole \r\nof the profits or amount so decreed shall have been paid to the proper officer. \r\nWhere the amount of mesne profits is left to be ascertained in the course of \r\nthe execution of the decree, if the profits so ascertained exceed the profits claimed, \r\nthe further ex ecution of the decree shall be stayed until the difference between the \r\nfee actually paid and the fee which would have been payable had the suit comprised \r\nthe whole of the profits so ascertained is paid. If the additional fee is not paid within \r\nsuch time as the Court shall fix, the suit shall be dismissed. \r\n \r\n27\r\n[(2) Refund where amount decreed is less than amount claimed .– \r\nWhere in any such suit as is referred to in sub -section (1) the Court-fee paid is found \r\nto be in excess of the amount of fee which would be payable if the suit had been \r\nvalued at the amount decreed, the decree-holder shall be entitled to the refund of the \r\nexcess of Court-fee paid by him]. \r\n12. Decision of question as to valuation .– (i) Every question relating to \r\nvaluation for the purpose of determining the amount of any fee chargeable under this \r\nchapter on a plaint or memorandum of appeal shall be decided by the Court in which \r\nsuch plaint or memorandum, as the case may be, is filed, and such decision shall be \r\nfinal as between the parties to the suit. \r\n(ii) But whenever any such suit comes before a Court of appeal, reference \r\nor revision, if such Court considers that the said question has been \r\nwrongly decided to the detriment of the revenue, it shall require the \r\nparty by whom such fee has been paid to pay so much additional fee \r\nas would have been payable had the question been rightly decided, \r\nand the provisions of section 10, paragraph (ii), shall apply. \r\n13. Refund of fee paid on memorandum of appeal .– If an appeal or plaint, \r\nwhich has been rejected by the lower Court on any of the grounds mentioned in the \r\n28\r\nCode of Civil Procedure, is ordered to be received, or if a suit is remanded in \r\nappeal, on any of the grounds mentioned in \r\n29\r\nsection 351 of the same Code for a \r\nsecond decision by the lower Court, the Appellate Court shall grant to the appellant a \r\ncertificate, authorizing him to receive back from the Collector the full amount of fee \r\npaid on the memorandum of appeal: \r\n                                                 \r\n25Clause (iii) repealed by the A mending Act, 1891 (XII of 1891)  ; and published in the Government Gazette, Punjab and its \r\nDependencies, dated 9.4.1891, pages 21-67, s.2(1) and First Schedule. \r\n26Section 11 was renumbered as sub-section (1) of that section by the Court -fees (Amendment) Ordinance, 1962 (LII of 1962); \r\nand published in the Gazette of Pakistan (Extraordinary), dated 7.6.1962, pages 983-984, s.3. \r\n27Added by the Court -fees (Amendment ) Ordinance, 1962 (LII of 1962); and published in the Gazette of Pakistan \r\n(Extraordinary), dated 7.6.1962, pages 983-984, s.3. \r\n28See now the Code of Civil Procedure, 1908 (Act V of 1908). \r\n29This reference should now be read as applying to the corresponding provision of the Code of Civil Procedure, 1908 (Act V of \r\n1908), i.e., Order XII rule 23 of the First Schedule. \r\nProvided that if, in the case of a remand in appeal, the order of remand shall \r\nnot cover the whole of the subject -matter of the suit, the certificate so granted shall \r\nnot authorize the appellant to receive back more than so much fee as would have \r\nbeen originally payable on the part or parts of such subject-matter in respect whereof \r\nthe suit has been remanded. \r\n14. Refund of fee on application for review of judgment .– Where an \r\n30\r\napplication for a review of judgement is presented on or after the ninetieth day from \r\nthe date of the decree, the Court, unless the delay was caused by the applicant’s \r\nlaches, may, in its discretion, grant him a certificate authorizing him to receive back \r\nfrom the Collector so much of the fee paid on the application as exceeds the fee \r\nwhich would have been payable had it been presented before such day. \r\n15. Refund where Court reverses or modifies its former decision on ground \r\nof mistake.– Where an application for a review of judgment is admitted, and where, \r\non the rehearing, the Court reverses or modifies its former decision on the ground of \r\nmistake in law or fact, the app licant shall be entitled to a certificate from the Court \r\nauthorizing him to receive back from the Collector so much of the fee paid on the \r\n31\r\n[application] as exceeds the fee payable on any other application to such Court \r\nunder the Second Schedule to this Act, No. one, clause (b) or clause (d). \r\nBut nothing in the former part of this section, shall entitle the applicant to such \r\ncertificate where the reversal or modification is due, wholly or in part, to fresh \r\nevidence which might have been produced at the original hearing. \r\n32\r\n[16. Additional fee where respondent takes objection to unappealed part of \r\ndecree.– * * * * * * * * * * * *   ] \r\n17. Multifarious suits.– Where a suit embraces two or more distinct subjects, the \r\nplaint or memorandum of appeal shall be chargea ble with the aggregate amount of \r\nthe fees to which the plaints or memoranda of appeal in suits embracing separately \r\neach of such subjects would be liable under this Act. \r\nNothing in the former part of this section shall be deemed to affect the power \r\nconferred by the \r\n33\r\nCode of Civil Procedure, section nine. \r\n18. Written examinations of complainants.– When the first or only examination \r\nof a person who complains of the offence of wrongful confinement, or of wrongful \r\nrestraint, or of any offence other than an offe nce for which police -officers may arrest \r\nwithout a warrant, and who has not already presented a petition on which a fee has \r\nbeen levied under this Act, is reduced to writing under the provisions of the \r\n34\r\nCode of \r\nCriminal Procedure, the complainant shall pay a fee of \r\n35\r\n[one rupee] unless the Court \r\nthinks fit to remit such payment. \r\n                                                 \r\n30As to application for review of judgment see the Code of Civil Procedure, 1908 (Act V of 1908), section 114 and Order XLVII \r\nof the First Schedule. \r\n31Substituted for the words “plaint or memorandum of appeal” by the Court-fees Act (1870) Amendment Act, 1870 (XX of 1870), \r\ndated 5.7.1870. \r\n32Repealed by the Code of Civil procedure, 1908 (V of 1908). \r\n33See now the Code of Civil Procedure, 1908 (Act V of 1908). \r\n34This reference should now be read as referring to the Code of Criminal Procedure (Act V of 1898). See section 3 of that Act. \r\n35Substituted by the Court-Fees (Punjab Amendment) Act, 1922 (VII of 1922). \r\n19. Exemption of certain documents .– Nothing contained in this Act shall \r\nrender the following documents chargeable with any fee:– \r\n(i) Power-of-attorney to institute or defend a suit when executed by an \r\nofficer, warrant -officer, non -commissioned officer or private of \r\n36\r\n[the \r\nPakistan Army] not in civil employment. \r\n37\r\n[(ii) * * * * * * * * * * *   ] \r\n(iii) Written statements called for by the Court after the first hearing of a \r\nsuit. \r\n38\r\n[(iv) * * * * * * * * * * *   ] \r\n39\r\n[(v) * * * * * * * * * * *   ] \r\n40\r\n[(vi) * * * * * * * * * * *   ] \r\n41\r\n[(vii) * * * * * * * * * * *   ] \r\n(viii) Probate of a will, letters of administration, \r\n42\r\n[and, save as regards debts \r\nand securities, a certificate under Bombay Regulat ion VIII of 1827], \r\nwhere the amount or value of property in respect of which the probate \r\nor letters or certificate shall be granted does not exceed one thousand \r\nrupees. \r\n(ix) Application or petition to a Collector or other officer making a \r\nsettlement of lan d-revenue, or to a Board of Revenue, or a \r\nCommissioner of Revenue, relating to matters connected with the \r\nassessment of land or the ascertainment of rights thereto or interests \r\ntherein, if presented previous to the final confirmation of such \r\nsettlement. \r\n(x) Application relating to a supply for irrigation of water belonging to \r\nGovernment. \r\n(xi) Application for leave to extend cultivation, or to relinquish land, when \r\npresented to an officer of land -revenue by a person holding, under \r\ndirect engagement with Gove rnment, land of which the revenue is \r\nsettled, but not permanently. \r\n(xii) Application for service of notice of relinquishment of land or of \r\nenhancement of rent. \r\n(xiii) Written authority to an agent to distrain. \r\n                                                 \r\n36Substituted by the Central Laws (Adaptation) Order, 1961, for “Her Majesty’s Army” (with effect from the 23rd March, 1956). \r\n37Repealed by the Amending Act, 1891 (XII of 1891); and published in the Government Gazette, Punjab and its Dependencies, \r\ndated 9.4.1891, pages 21-67, s.2(1) and First Schedule. \r\n38Repealed by the Cantonments Act, 1889 (XIII of 1889) \r\n39Repealed by the Adaptation of Central Acts and Ordinances Ord er, 1940 (G.G.O. 4 of 1949); and published in the Gazette of \r\nPakistan (Extraordinary), dated 28.3.1949, Pages 223-283, Art.3(2) & the Schedule, entry No.39 of the Schedule. \r\n40Repealed ibid. \r\n41Repealed ibid. \r\n42Substituted by section 13 (2) of the Succession Ce rtificate Act, 1889 (VII of 1889), for “and certificate mentioned in the First \r\nSchedule to this Act annexed, No. 12.” \r\n(xiv) First application (other than a petition  containing criminal charge or \r\ninformation) for the summons of a witness or other person to attend \r\neither to give evidence or to produce a document or in respect of the \r\nproduction or filing of an exhibit not being an affidavit made for the \r\nimmediate purpose of being produced in Court. \r\n(xv) Bail-bonds in criminal cases, recognizances to prosecute or give \r\nevidence, and recognizances for personal appearance or otherwise. \r\n43\r\n[(xvi) * * * * * * * * * * *   ] \r\n(xvii) Petition by a prisoner, or other person in duress  or under restraint of \r\nany Court or its officers. \r\n(xviii) Complaint of a public servant (as defined in the Pakistan Penal Code)\r\n44\r\n, \r\na municipal officer, or an officer or servant of a Railway Company. \r\n(xix) Application for permission to cut timber in Governme nt forests, or, \r\notherwise relating to such forests. \r\n(xx) Application for the payment of money due by Government to the \r\napplicant. \r\n(xxi) Petition of appeal against the chaukidari assessment under \r\n45\r\nAct No. \r\nXX of 1856, or against any municipal tax. \r\n(xxii) Application for compensation under any law for the time being in force \r\nrelating to the \r\n46\r\nacquisition of property for public purposes. \r\n47\r\n[(xxiii) * * * * * * * * * * *   ] \r\n(xxiv) \r\n48\r\n[Petition under the Christian Marriage Act, 1872, (XV of 1872), \r\nsections 45 and 46]. \r\n49\r\n[CHAPTER III-A] \r\nPROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF \r\nADMINISTRATION \r\n19-A. Relief where too high a court -fee has been paid .– Where any person on \r\napplying for the probate of a will or letters of administration has estimated the \r\nproperty of the deceased to be of greater value than the same has afterwards proved \r\nto be, and has consequently paid too high a court -fee thereon, if, within six months \r\nafter the true value of the property has been ascertained, such person produces the \r\n                                                 \r\n43Omitted by the Adaptation of Central Acts and Ordinances Order, 1940 (G.G.O. 4 of 1949); and published in the Gazette of \r\nPakistan (Extraordinary), dated 28.3.1949, Pages 223-283, Art.3(2) & the Schedule, entry No.39 of the Schedule. \r\n44XLV of 1860. \r\n45The Bengal Chaukidari Act, 1856. \r\n46See now the Land Acquisition Act, 1894 (I of 1894). \r\n47Omitted by the Adaptation of Central Acts and Ordinances O rder, 1940 (G.G.O. 4 of 1949); and published in the Gazette of \r\nPakistan (Extraordinary), dated 28.3.1949, Pages 223-283, Art.3(2) & the Schedule, entry No.39 of the Schedule. \r\n48Substituted by the Indian Christian Marriage Act, 1872 (XV of 1872), for the ori ginal clause which read as follows: - “petitions \r\nunder the 14th and 15th of Victoria, Ch. 40 (an Act for marriages in India), section 5, or under Act No. V of 1852, section 9.” \r\n49Chapter III-A inserted by section 6 of the Probate and Administration Act, 1875 (XIII of 1875). \r\nprobate or letters to the Chief Controlling Revenue -Authority \r\n50\r\n[for the local area] in \r\nwhich the probate or letters has or have been granted, \r\nand delivers to such Authority a particular inventory and valuation of the \r\nproperty of the deceased, verified by affidavit or affirmation, \r\nand if such Authority is satisfied that a greater fee was paid on the probate or \r\nletters than the law required, \r\nthe said Authority may– \r\n(a) cancel the stamp on the probate or letters if such stamp has not been \r\nalready cancelled; \r\n(b) substitute another stamp for denoting the court -fee which should have \r\nbeen paid thereon; and \r\n(c) make an allowance for the difference between them as in the case of \r\nspoiled stamps, or repay the same in money, at his discretion. \r\n19-B. Relief where debts due from a deceased person have been paid out of \r\nhis estate .– Whenever it is proved to the satisfaction of such Authority that an \r\nexecutor or administrator has paid debts due from the deceased to such an amount \r\nas, being deducted out of the amount or value of the est ate, reduces the same to a \r\nsum which, if it has been the whole gross amount or value of the estate, would have \r\noccasioned a less court -fee to be paid on the probate or letters of administration \r\ngranted in respect of such estate than has been actually paid thereon under this Act, \r\nsuch Authority may return difference, provided the same be claimed within \r\nthree years after the date of such probate or letters. \r\nBut when, by reason of any legal proceeding, the debts due from the \r\ndeceased have been ascertained and paid, or his effects have not been recovered \r\nand made available, and in consequence thereof the executor or administrator is \r\nprevented from claiming the return of such difference within the said term of three \r\nyears, the said Authority may allow such furthe r time for making the claim as may \r\nappear to be reasonable under the circumstances. \r\n19-C. Relief in case of several grants .– Whenever \r\n51\r\n[* * *] a grant of probate or \r\nletters of administration has been or is made in respect of the whole of the property \r\nbelonging to an estate, and the full fee chargeable under this Act has been or is paid \r\nthereon, no fee shall be chargeable under the same Act when a like grant is made in \r\nrespect of the whole or any part of the same property belonging to the same estate. \r\nWhenever such a grant has been or is made in respect of any property \r\nforming part of an estate, the amount of fees then actually paid under this Act shall \r\nbe deducted when a like grant is made in respect of property belonging to the same \r\nestate, identical with or including the property to which the former grant relates. \r\n19-D. Probates declared valid as to trust -property though not covered by \r\ncourt-fee.– The probate of the will or the letters of administration of the effects of \r\n                                                 \r\n50Substituted for the words “of the Province” by the Court -fees (Amendment) Act, 1901 (X of 1901); received the assent of \r\nGovernor General on 11.10.1901. \r\n51The word, “each”, repealed by the Amending A ct 1891 (XII of 1891) ; and published in t he Government Gazette, Punjab and \r\nits Dependencies, dated 9.4.1891, pages 21-67, s.2(1) and First Schedule. \r\nany person deceased heretofore or he reafter granted shall be deemed valid and \r\navailable by his executors or administrators for recovering, transferring or assigning \r\nany movable or immovable property whereof or whereto the deceased was \r\npossessed or entitled, either wholly or partially as a tr ustee, notwithstanding the \r\namount or value of such property is not included in the amount or value of the estate \r\nin respect of which a court-fee was paid on such probate or letters of administration. \r\n19-E. Provision for case where too low a Court-fee has been paid on probates, \r\netc.– Where any person on applying for probate or letters of administration has \r\nestimated the estate of the deceased to be of less value than the same has \r\nafterwards proved to be, and has in consequence paid too low a court -fee thereon, \r\nthe Chief Controlling Revenue -Authority \r\n52\r\n[for the local area] in which the probate or \r\nletters has or have been granted may, on the value of the estate of the deceased \r\nbeing verified by affidavit or affirmation, cause the probate or letters of administra tion \r\nto be duly stamped on payment of the full court -fee which ought to have been \r\noriginally paid thereon in respect of such value and of the further penalty, if the \r\nprobate or letters is or are produced within one year from the date of grant, of five \r\ntimes, or, if it or they, is or are produced after one year from such date, of twenty \r\ntimes, such proper court-fee, without any deduction of the court-fee originally paid on \r\nsuch probate or letters: \r\nProvided that, if the application be made within six months a fter the \r\nascertainment of the true value of the estate and the discovery that too low a court -\r\nfee was at first paid on the probate or letters, and if the said Authority is satisfied that \r\nsuch fee was paid in consequence of a mistake or of its not being kno wn at the time \r\nthat some particular part of the estate belonged to the deceased, and without any \r\nintention of fraud or to delay the payment of the proper court -fee, the said Authority \r\nmay remit the said penalty and cause the probate or letters to be duly s tamped on \r\npayment only of the sum wanting to make up the fee which should have been at first \r\npaid thereon. \r\n19-F. Administrator to give proper security before letters stamped under \r\nsection 19E.– In case of letters of administration on which too low a court -fee has \r\nbeen paid at first the said Authority shall not cause the same to be duly stamped in \r\nmanner aforesaid until the administrator has given such security to the Court by \r\nwhich the letters of administration have been granted as ought by law to have been  \r\ngiven on the granting thereof in case the full value of the estate of the deceased had \r\nbeen then ascertained. \r\n53\r\n19-G. Executors, etc., not paying full court -fee on probates, etc., within six \r\nmonths after discovery of under -payment.– Where too low a court -fee has been \r\npaid on any probate or letters of administration in consequence of any mistake, or of \r\nits not being known at the time that some particular part of the estate belonged to the \r\ndeceased, if any executor or administrator acting under such probate o r letters does \r\nnot, within six months \r\n54\r\n[* * *] after the discovery of the mistake or of any effects not \r\n                                                 \r\n52Substituted for the words “of the Province”  by the Court -fees (Amendment) Act, 1901 (X of 1901) ; received the assent of \r\nGovernor General on 11.10.1901.  \r\n53As to recovery of penalties for forfeitures under section 19G, See section 19-J, infra. \r\n54The words and figures, “after the first day of April 1875 or”, repealed by the A mending Act, 1891 (XII of 1891); and published \r\nin the Government Gazette, Punjab and its Dependencies, dated 9.4.1891, pages 21-67, s.2(1) and First Schedule. \r\nknown at the time to have belonged to the deceased, apply to the said Authority and \r\npay what is wanting to make up the court -fee which ought to have bee n paid at first \r\non such probate or letters, he shall forfeit the sum of one thousand rupees and also \r\na further sum at the rate of ten rupees per cent. on the amount of the sum wanting to \r\nmake up the proper court-fee. \r\n55\r\n[19-H. Notice of applications for prob ate or letters of administration to be \r\ngiven to Revenue-authorities, and procedure thereon .– (1) Where an application \r\nfor probate or letters of administration is made to any Court other than a High Court, \r\nthe Court shall cause notice of the application to be given to the Collector. \r\n (2) Where such an application as aforesaid is made to a High Court, the \r\nHigh Court shall cause notice of the application to be given to the Chief Controlling \r\nRevenue-authority \r\n56\r\n[for the local area in which the High Court is situated]. \r\n (3) The Collector within th e local limits of whose revenue j urisdiction the \r\nproperty of the deceased or any part thereof is, may at any time inspect or cause to \r\nbe inspected, and take or cause to be taken copies of, the record of any case in \r\nwhich application for probate or letters of administration has been made; and if, on \r\nsuch inspection or otherwise, he is of opinion that the petitioner has under -estimated \r\nthe value of the property of the deceased, the Collector may, if he thinks fit, require \r\nthe attendance of the petitioner (either in person or by agent) and take evidence and \r\ninquire into the matter in such manner as he may think fit, and, if he is still of opinion \r\nthat the value of the property has been under -estimated, may require the petition er \r\nto amend the valuation. \r\n (4) If the petitioner does not amend the valuation to the satisfaction of the \r\nCollector, the Collector may move the Court before which the application for probate \r\nor letters of administration was made, to hold an inquiry into th e true value of the \r\nproperty: \r\nProvided that no such motion shall be made after the expiration of six months \r\nfrom the date of the exhibition of the inventory required by section 277 of the \r\n57\r\nIndian \r\nSuccession Act, 1865\r\n58\r\n, or, as the case may be, by section 98  of \r\n59\r\nthe Probate and \r\nAdministration Act, 1881.\r\n60\r\n \r\n (5) The Court, when so moved as aforesaid shall hold, or cause to be held, \r\nan inquiry accordingly, and shall record a finding as to the true value, as near as may \r\nbe, at which the property of the deceased sh ould have been estimated. The \r\nCollector shall be deemed to be a party to the inquiry. \r\n(6) For the purposes of any such inquiry, the Court or person authorized \r\nby the Court to hold the inquiry may examine the petitioner for probate or letters of \r\nadministration on oath (whether in person or by commission), and may take such \r\nfurther evidence as may be produced to prove the true value of the property. The \r\n                                                 \r\n55Inserted by the Court-fees Amendment Act, 1899 (XI of 1899), dated 10.3.1899. \r\n56Substituted for the words “of the Provinces” by the Court -fees Amendment Act, 1901 (X of 1901) ; r eceived the assent of \r\nGovernor General on 11.10.1901.  \r\n57See now the Succession Act, 1925 (XXXIX of 1925). \r\n58X of 1865. \r\n59See now the Succession Act, 1925 (XXXIX of 1925). \r\n60V of 1881. \r\nperson authorized as aforesaid to hold the inquiry shall return to the Court the \r\nevidence taken by him and report the result of the inquiry, and such report and the \r\nevidence so taken shall be evidence in the proceeding, and the Court may record a \r\nfinding in accordance with the report, unless it is satisfied that it is erroneous. \r\n (7) The finding of the Court re corded under sub -section (5) shall be final, \r\nbut shall not bar the entertainment and disposal by the Chief Controlling Revenue -\r\nauthority of any application under section 19E. \r\n (8) The \r\n61\r\n[Provincial Government] may make rules for the guidance of \r\nCollectors in the exercise of the powers conferred by sub-section (3).] \r\n62\r\n[19-I. Payment of court -fees in respect of probates and letters of \r\nadministration.– (1) No order entitling the petitioner to the grant of probate or letters \r\nof administration shall be made upon an application for such grant until the petitioner \r\nhas filed in the Court a valuation of the property in the form set forth in the Third \r\nSchedule, and the Court is satisfied that the fee mentioned in No. 11 of the First \r\nSchedule has been paid on such valuation. \r\n (2) The grant of probate or letters of administration shall not be delayed by \r\nreason of any motion made by the Collector under section 19H, sub-section (4).] \r\n63\r\n[19-J. Recovery of penalties, etc.– (1) Any excess fee found to be payable on an \r\ninquiry held under section 19H, sub -section (6), and any penalty or forfeiture un der \r\nsection 19 G may, on the certificate of the Chief Controlling Revenue -authority, be \r\nrecovered from the executor or administrator as if it were an arrear of land -revenue \r\nby any Collector \r\n64\r\n[* * *]. \r\n (2) The Chief Controlling Revenue -authority may remit the whole or any \r\npart of any such penalty or forfeiture as aforesaid, or any part of any penalty under \r\nsection 19E or of any court -fee under section 19E in excess of the full court -fee \r\nwhich ought to have been paid.] \r\n65\r\n[19-K. Sections 6 and 28 not to apply to probate or letters of administration .– \r\nNothing in section 6 or section 28 shall apply to probates or letters of administration.] \r\nCHAPTER IV \r\nPROCESS FEES \r\n20. Rules as to costs of processes.– The High Court shall, as soon as may be, \r\nmake rules as to the following matters:– \r\n(i) the fees chargeable for serving and executing processes issued by \r\nsuch Court in its appellate jurisdiction, and by the other Civil and \r\nRevenue Courts established within the local limits of such jurisdiction; \r\n                                                 \r\n61Substituted for the words “Local Government”  by the Government of India (A daptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations. \r\n62Inserted by the Court-fees Amendment Act, 1899 (XI of 1899), dated 10.3.1899. \r\n63Inserted by the Court-fees Amendment Act, 1899 (XI of 1899), dated 10.3.1899. \r\n64The words “in any Part of British India”, omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of \r\n1949); and published in the Gazette of Pakistan (Extraordin ary), dated 28.3.1949, Pages 223 -283, Art.3(2) & the Schedule, \r\nentry No.39 of the Schedule. \r\n65Inserted by the Court-fees Amendment Act, 1899 (XI of 1899), dated 10.3.1899. \r\n(ii) the fees chargeable for serving and executing processes issued by the \r\nCriminal Courts established within such limits in the case of offences \r\nother than offences for which police -officers may arrest without a  \r\nwarrant; and \r\n(iii) the remuneration of the peons and all other persons employed by \r\nleave of a Court in the service or execution of processes. \r\nThe High Court may from time to time alter and add to the rules so made. \r\nConfirmation and publication of rules .– All such rules, alterations and \r\nadditions shall, after being confirmed by the \r\n66\r\n[Provincial Government] \r\n67\r\n[***] be \r\npublished in the \r\n68\r\n[Official Gazette], and shall thereupon have the force of law. \r\nUntil such rules shall be so made and published, the fees now leviable for \r\nserving and executing processes shall continue to be levied, and shall be deemed to \r\nbe fees leviable under this Act. \r\n69\r\n[20-A. Exemption for certain processes .– (1) Notwithstanding anything \r\ncontained in the preceding section or in the rules made  thereunder, no fees shall be \r\ncharged for serving and executing process on behalf of \r\n70\r\n[(a)] the prosecution in any criminal proceedings taken on information \r\npresented or complaint made by a public -officer acting in his official \r\ncapacity; \r\n71\r\n[and \r\n(b) a liquidator or an arbitrator appointed under the provisions of the Co -\r\noperative Societies Act, 1912.] \r\n (2) The Provincial Government may by notification determine what \r\npersons shall be deemed to be public officers for the purpose of the preceding sub -\r\nsection.] \r\n21. Tables of process -fees.– A Table in the English and Vernacular languages, \r\nshowing the fees chargeable for such service and execution, shall be exposed to \r\nview in a conspicuous part of each Court. \r\n22. Number of peons in District and subordinate Courts .– Subject to \r\n72\r\nrules to \r\nbe made by the High Court and approved by the \r\n73\r\n[Provincial Government] \r\n74\r\n[***] \r\n                                                 \r\n66Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations. \r\n67The words “and sanctioned by the G overnor General of India in C ouncil” repealed by the Devolut ion Act, 1920 (XXXVIII of \r\n1920); and published in the Government Gazette, Punjab and its Dependencies, Part IV, pages 127-153, dated 24.9.1920, s.2 and \r\nFirst Schedule, Part I. \r\n68Substituted for the words  “local official Gazette” by the Government of India (A daptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of General \r\nAdaptations. \r\n69Added by the Court -Fees (Punjab Am endment) Act, 1939 (IV of 1939); and published in  the Punjab Government Gazette \r\n(Extraordinary), dated 27.4.1939. \r\n70Inserted by the Court-Fees (Punjab Amendment) Act, 1942 (I of 1942). \r\n71Ibid. \r\n72For rules made under the powers conferred by this section, see different Local Rules and Orders. \r\n73Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations. \r\nevery District Judge and every Magistrate of a District shall fix, and may from time to \r\ntime alter, the number of peons necessary to be employed for the servi ce and \r\nexecution of processes issued out of his court and each of the courts subordinate \r\nthereto, \r\nNumber of peons in Mofussil Small Cause Courts. and for the purposes of \r\nthis section, every Court of Small Causes established under Act No. XI of 1865 (  to \r\nconsolidate and amend the law relating to Courts of Small Causes beyond the local \r\nlimits of the ordinary original civil jurisdiction of the High Courts of Judicature) \r\n75\r\nshall \r\nbe deemed to be subordinate to the court of the District Judge. \r\n76\r\n[23. Number of peons in Revenue Courts.–  * * * * * *   ] \r\n77\r\n[24. Process served under this Chapter to be hel d process served under  Civil \r\nProcedure Code.–  * * * * * * * * * *   ] \r\nCHAPTER V \r\nOF THE MODE OF LEVYING FEES \r\n25. Collection of fees by stamps.– All fees referred to in section 3 or chargeable \r\nunder this Act shall be collected by stamps. \r\n26. Stamps to be impressed or adhesive .– The stamps used to denote any \r\nfees chargeable under this Act shall be impressed or adhesive, or partly impressed \r\nand partly adhesive, as the \r\n78\r\n[Appropriate Government] may, by notification in the \r\n79\r\n[Official Gazette] from time to time direct\r\n80\r\n. \r\n27. Rules for supply, number, renewal and keeping accounts of stamps .– \r\nThe \r\n81\r\n[Appropriate Government] may, from time to time, make \r\n82\r\nrules for regulating– \r\n(a) the supply of stamps to be used under this Act, \r\n(b) the number of stamps to be used for denoting an y fee chargeable \r\nunder this Act, \r\n                                                                                                                                                        \r\n74The words “and the Governor General of India in Council” repealed by the Devolution Act, 1920 (XXXVIII of 1920); and published in \r\nthe Government Gazette, Punjab and its Dependencies, Part IV, pages 127-153, dated 24.9.1920, s.2 and First Schedule, Part I. \r\n75The reference to Act XI of 1865 should now be read as referring to the Provincial Small Cause Courts Act, 1887 (IX of 1887): \r\nsee section 2 (3) of that Act. \r\n76Repealed by section 2 and Schedule of the Punjab Land Revenue Act, 1887 (XVII of 1887). \r\n77Repealed by the Repealing and Amending Act, 1891 (XII of 1891); and published in the Government Gazette, Punjab and its \r\nDependencies, dated 9.4.1891, pages 21-67, s.2(1) and First Schedule. \r\n78Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 3 & Schedule I, which had been \r\nsubstituted for the words “Governor General of India in Council” by the Devolution Act, 1920 (XXXVIII of 1920) ; and published \r\nin the Government Gazette, Punjab and its Dependencies, Part IV, pages 127-153, dated 24.9.1920, s.2 and First Schedule, Part I. \r\n79Substituted ibid., for the words “local official Gazette” which had been substituted, for  the words “Gazette of Ind ia” by the \r\nDevolution Act, 1920 (XXXVIII of 1920); and published in the Government Gazette, Punjab and its Dependencies, Part IV, pages \r\n127-153, dated 24.9.1920, s.2 and First Schedule, Part I. \r\n80For rules as to levy of Court-fees by adhesive and impressed stamps, see Gazette of India, 1883, Pt. I, p. 189. \r\n81Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Ar ticle 3 & Schedule I, which had been \r\nsubstituted for the words “Governor General of India in Council” by the Devolution Act, 1920 (XXXVIII of 1920) ; and published \r\nin the Government Gazette, Punjab and its Dependencies, Part IV, pages 127-153, dated 24.9.1920, s.2 and First Schedule, Part I. \r\n82For rules under section 27, see different Local Rules and Orders. \r\n(c) the renewal of damaged or spoiled stamps, and \r\n(d) the keeping accounts of all stamps used under this Act: \r\nProvided that, in  the case of stamps used under section 3 in a High Court, \r\nsuch rules shall be made with the concurrence of the Chief Justice of such Court. \r\nAll such rules shall be published in the \r\n83\r\n[Official Gazette], and shall thereupon \r\nhave the force of law. \r\n28. Stamping documents inadvertently received .– No document which ought \r\nto bear a stamp under this Act shall be of any validity, unless and until it is properly \r\nstamped. \r\nBut if any such document is through mistake or inadvertence received, filed or \r\nused in any Court or office without being properly stamped, the presiding Judge or \r\nthe head of the office, as the case may be, or, in the case of a High Court, any Judge \r\nof such Court, may, if he thinks fit, order that such document be stamped as he may \r\ndirect; and, on such  document being stamped accordingly, the same and every \r\nproceeding relative thereto shall be as valid as if it had been properly stamped in the \r\nfirst instance. \r\n29. Amended document .– Where any such document is amended in order \r\nmerely to correct a mistake a nd to make it conform to the original intention of the \r\nparties, it shall not be necessary to impose a fresh stamp. \r\n30. Cancellation of stamp.– No document requiring a stamp under this Act shall \r\nbe filed or acted upon in any proceeding in any Court or offic e until the stamp has \r\nbeen cancelled. \r\nSuch officer as the Court or the head of the office may from time to time \r\nappoint shall, on receiving any such document, forthwith effect such cancellation by \r\npunching out \r\n84\r\n[the crescent and star] so as to leave the am ount designated on the \r\nstamp untouched, and the part removed by punching shall be burnt or otherwise \r\ndestroyed: \r\n85\r\n[Provided that if any document bearing a court -fee stamp of a design current \r\nin British India immediately before the fifteenth day of August, 1 947 and still current \r\nin Pakistan is presented to the proper officer, he shall forthwith effect the cancellation \r\nby punching out the figure-head so as to leave the amount designated untouched.] \r\nCHAPTER VI \r\nMISCELLANEOUS \r\n86\r\n[31. Repayment of fees paid on applications to Criminal Courts.– * * *   ] \r\n87\r\n[32. Amendment of Act VIII of 1859 and Act IX of 1869.–   * * * *   ] \r\n                                                 \r\n83Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India \r\n(Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & Schedule I, for the words “local official Gazette” which had been \r\nSubstituted, for “Gazette of India” by the Devolution Act, 1920 (XXXVIII of 1920); and published in the Government Gazette, \r\nPunjab and its Dependencies, Part IV, pages 127-153, dated 24.9.1920, s.2 and First Schedule, Part I. \r\n84Substituted for the words “the figure-head” by the Court-fees (Amendment) Act, 1951 (XIII of 1951). \r\n85Added ibid. \r\n86Repealed by the Code of Criminal Procedure (Amendment) Act, 1923 (XVIII of 1923), s. 163. \r\n33. Admission in criminal cases of documents for which proper fee has not \r\nbeen paid.–Whenever the filing or exhibition in a Criminal Court of a do cument in \r\nrespect of which the proper fee has not been paid is, in the opinion of the presiding \r\nJudge, necessary to prevent a failure of justice, nothing contained in section 4 or \r\nsection 6 shall be deemed to prohibit such filing or exhibition. \r\n88\r\n[34. Sale of Stamps.– (1) The \r\n89\r\n[Appropriate Government] may from time to time \r\nmake \r\n90\r\nrules for regulating the sale of stamps to be used under this Act, the persons \r\nby whom alone such sale is to be conducted, and the duties and remuneration of \r\nsuch persons. \r\n (2) All s uch rules shall be published in the \r\n91\r\n[Official Gazette], and shall \r\nthereupon have the force of law. \r\n (3) Any person appointed to sell stamps who disobeys any rule made \r\nunder this section, and any person not so appointed who sells or offers for sale any \r\nstamp, shall be punished with imprisonment for a term which may extend to six \r\nmonths, or with fine which may extend to five hundred rupees, or with both]. \r\n35. Power to reduce or remit fees .– The \r\n92\r\n[Appropriate Government] may, from \r\ntime to time by notification in the \r\n93\r\n[Official Gazette] reduce or remit in the whole or in \r\nany part of \r\n94\r\n[the territories under its administration] all or any of the fees mentioned \r\nin the first and second schedules to this Act annexed, and may in like manner cancel \r\nor vary such order. \r\n95\r\n[35-A. * * * * * * * * * * * *   ] \r\n36. Saving of fees to certain officers of High Courts .– Nothing in Chapters II \r\nand V of this Act applies \r\n96\r\n[* * *] to the fees which any officer of a High Court is \r\nallowed to receive in addition to a fixed salary. \r\n                                                                                                                                                        \r\n87Repealed by the Repealing and Amending Act, 1891 (XII of 1891) ; and published in the Government Gazette, Punjab and its \r\nDependencies, dated 9.4.1891, pages 21-67, s.2(1) and First Schedule. \r\n88Substituted for the original section by the Amend ing Act, 1891 (XII of 1891) ; and published in the Government Gazette, \r\nPunjab and its Dependencies, dated 9.4.1891, pages 21-67, s.2(1) and First Schedule. \r\n89Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 3 & Schedule I, which had been \r\nsubstituted for the words “G.G. of India in C.” by the Devolution Act, 1920 (XXXVIII of 1920); and published in the  Government \r\nGazette, Punjab and its Dependencies, Part IV, pages 127-153, dated 24.9.1920, s.2 and First Schedule, Part I.,  \r\n90For rules issued under this section, see different Local Rules and Orders. \r\n91Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published \r\nin the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 and Table of General Adaptations. \r\n92Substituted for the words “Local Government” by the Gover nment of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 3 & Schedule I, which had been \r\nsubstituted for the words “Governor General of India in Council” by the Devolution Act, 1920 (XXXVIII of 1920); and published \r\nin the Government Gazette, Punjab and its Dependencies, Part IV, pages 127-153, dated 24.9.1920, s.2 and First Schedule, Part I. \r\n93Substituted ibid., for “local official Gazette”.  Earlier substituted for  the words “Gazette of India” by the Devolution Act, 1920 \r\n(XXXVIII of 1920) ; and published in the Government Gazette, Punjab and its Dependencies , Part IV, pages 127-153, dated \r\n24.9.1920, s.2 and First Schedule, Part I. \r\n94Substituted for the words “British India” by the Devolution Act, 1920 (XXXVIII of 1920) ; and published in the Government \r\nGazette, Punjab and its Dependencies, Part IV, pages 127-153, dated 24.9.1920, s.2 and First Schedule, Part I. \r\n95Deleted by the Punjab Finance Act, 1973 (XIV of 1973); and  published in the Punjab Gazette (Extraordinary), dated \r\n29.6.1973, pages 999-A to 999-R, s.8 (w.e.f. 1.7.1973). Earlier inserted by the Court-fees (Amendment) Ordinance, 1962 (LII of \r\n1962); and published in the Gazette of Pakistan (Extraordinary), dated 7.6.1962, pages 983-984, s.4. \r\n97\r\n[SCHEDULE I \r\nAd valorem fees \r\nSr. \r\nNo. \r\nArticle Proper Fee \r\n1 2 3 \r\n1. Plaint, written statement pleading a set -off or counter -claim or \r\nmemorandum of appeal (not otherwise provided for in this Act) or \r\nof cross-objection presented to any civil or Revenue Court excep t \r\nthose mentioned in section 3. \r\n \r\nNote– The amount payable under this number shall be rounded \r\nto the nearest fifty paisas. \r\n98\r\n[Seven-and-a-half] per \r\ncentum on the amount or \r\nvalue of the subject -matter \r\nin dispute subject to a \r\nmaximum of \r\n99\r\n[fifteen \r\nthousand] rupees. \r\n2. Plaint in a suit for possession under the Specific Relief Act, 1877, \r\nsection 9. \r\nA fee of one -half the \r\namount prescribed in Serial \r\nNo. 1. \r\n3. Application for review of judgment, if presented on or after the \r\nninetieth day from the date of the decree. \r\nThe fee leviable on the \r\nplaint or memorandum of \r\nappeal. \r\n4. Application for review of judgment, if presented before the \r\nninetieth day from the date of the decree. \r\nOne-half of the fee leviable \r\non the plaint or \r\nmemorandum of appeal. \r\n5. Copy or translation  of a judgment or order not being, or having \r\nthe force of, a decree– \r\n \r\n(a) When such judgment or order is passed by any Civil Court, \r\nother than a High Court, or by the presiding officer of any \r\nRevenue Court or office, or by any other judicial or Executive  \r\nAuthority. \r\n \r\n \r\n \r\n100\r\n[One hundred rupees]. \r\n(b) When such judgment or order is passed by a High Court. \r\n101\r\n[Five hundred rupees]. \r\n6. Copy of the decree or order having the force of a decree–  \r\n(a) When such decree or order made by any Civil Court other \r\nthan a High Court, or any Revenue Court– \r\n \r\n                                                                                                                                                        \r\n96The words “to the commission payable to the Accountant General of the High Court at Fort William or” omitted by the \r\nAdaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and published in the Gazette of Pakis tan \r\n(Extraordinary), dated 28.3.1949, Pages 223-283, Art.3(2) & the Schedule. \r\n97Substituted by the Punjab Finance Act, 1973 (XIV of 1973); and published in the Punjab Gazette (Extraordinary), dated \r\n29.6.1973, pages 999-A to 999-R, s.8 (w.e.f. 1.7.1973). \r\n98Substituted first by the Punjab Finance Act 1996 (V of 1996); and published in the Punjab Gazette (Extraordinary), dated \r\n26.6.1996, pages 215-219, s.2 (w.e.f. 1.7.1996), and then by the Punjab Finance Act 2006 (V of 2006); and published in the \r\nPunjab Gazette (Extraordinary), dated 30.6.2006, pages5027-5029, s.2 (w.e.f. 1.7.2006). \r\n99Ibid. \r\n100Substituted for the words “One rupee” by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(1)(a)(i). \r\n101Substituted for the words “Two rupees” by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(1)(a)(ii). \r\nSr. \r\nNo. \r\nArticle Proper Fee \r\n1 2 3 \r\n (i) if the amount or value of the subject -matter of the suit \r\nwherein such decree or order is made does not exceed \r\nfifty rupees: \r\n \r\n102\r\n[One hundred rupees]. \r\n (ii) if such amount or value exceeds fifty rupees: \r\n103\r\n[Five hundred rupees]. \r\n(b) When such decree or order is made by a High Court. \r\n104\r\n[Five hundred rupees]. \r\n7. Copy of any document liable to stamp duty under the Stamp Act, \r\n1899, when left by any party to a suit or proceeding in place of \r\nthe original withdrawn– \r\n \r\n(a) When the stamp duty chargeable on the original does not \r\nexceed fifty paisas. \r\nThe amount or duty \r\nchargeable on the original. \r\n(b) In any other case. \r\n105\r\n[One hundred rupees]. \r\n8. Copy of any revenue or judicial proceeding or order not otherwise \r\nprovided for by this Act, or copy of any account, statement, report \r\nor the like, taken out of any Civil or Criminal or Revenue Court or \r\noffice or from the office of any chief officer charged with the \r\nexecutive administration of a Division– \r\n \r\n For every three hundred and  sixty words or fraction of three \r\nhundred and sixty words. \r\n \r\n106\r\n[One hundred rupees]. \r\n9. Probate of a will or letters of administration with or without will \r\nannexed– \r\n \r\n When the amount or value of the property in respect of \r\nwhich the grant of probate or let ters is made exceeds one \r\nthousand rupees, but does not exceed ten thousand rupees. \r\nTwo per centum on such \r\namount or value. \r\n When such amount or value exceeds ten thousand rupees \r\nbut does not exceed fifty thousand rupees. \r\nThree per centum on such \r\namount or value. \r\n When such amount or value exceeds fifty thousand rupees: Four per centum on such \r\namount or value. \r\n                                                 \r\n102Substituted for the words “One rupee”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(1)(b)(i)(a). \r\n103Substituted for the words “Two rupees” by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(1)(b)(i)(b). \r\n104Substituted for the words “Five rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(1)(b)(ii). \r\n105Substituted for the words “One rupee” by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(1)(c). \r\n106Substituted for the words “Fifty paisas” by the Punjab Finance Act 2024 ( VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(1)(d). \r\nSr. \r\nNo. \r\nArticle Proper Fee \r\n1 2 3 \r\n Provided that when, after the grant of a certificate under the \r\nSuccession Act, 1925, in respect of any property included in \r\nan estate, a grant of probate or letters of administration is \r\nmade in respect of the same estate, the fee payable in \r\nrespect of the latter grant shall be reduced by the amount of \r\nthe fee paid in respect of the former grant. \r\nNote- The amount payable under this number to be ro unded to \r\nthe nearest rupee. \r\n \r\n10. Certificate under the Succession Act, 1925–  \r\n(i) On the amount or value of any debt or security specified \r\nin the certificate under section 8 of the Act. \r\nTwo per centum on such \r\namount or value. \r\n(ii) On the amount or val ue of any debt or security to which \r\nthe certificate is extended under section 10 of the Act. \r\nThree per centum on such \r\namount or value. \r\nExplanation 1.– For the purposes of this number, the amount of \r\na debt is its amount, including interest on the day on w hich the \r\ninclusion of the debt in the certificate is applied for, so far as such \r\namount can be ascertained. \r\n \r\nExplanation 2.– Whether or not any power with respect to a \r\nsecurity specified in a certificate has been conferred under the \r\nAct and where such po wer has been so conferred whether the \r\npower is for the receiving of interest or dividends on, or for the \r\nnegotiation or transfer of the security, or for both purposes, the \r\nvalue of the security is its market -value on the day on which the \r\ninclusion of the s ecurity in the certificate is applied for, so far as \r\nsuch value can be ascertained. \r\n \r\n11. Application to the Board of Revenue/ Commissioners of Divisions \r\nfor the exercise of its revisional jurisdiction under section 84 of \r\nthe Punjab Tenancy Act, 1887– \r\n \r\n When the amount or value of the subject -matter in dispute \r\ndoes not exceed twenty-five rupees. \r\n107\r\n[Five hundred rupees]. \r\n When such amount or value exceeds twenty-five rupees. The fee leviable on a \r\nmemorandum of appeal. \r\n12. Application to a High Court for the exercise of its revisional \r\njurisdiction under section 115 of the Code of Civil Procedure, \r\n1908– \r\n \r\n Where the application is for revision of an order and the \r\namount or value of the subject -matter is less than two thousand \r\nrupees. \r\n108\r\n[Five hundred rupees]. \r\n                                                 \r\n107Substituted for the words “Two rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(1)(e). \r\n108Substituted for the words “Seven rupees and fifty paisas” by the Punjab Finance Act 2024 (VIII of 2024),  published in the \r\nPunjab Gazette (Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(1)(f)(i). \r\nSr. \r\nNo. \r\nArticle Proper Fee \r\n1 2 3 \r\n Where the application is for the revision of an order and \r\nsubject-matter is two thousand rupees or more. \r\n109\r\n[Five hundred rupees]. \r\n Where the application is for the revision of an appellate \r\ndecree. \r\nThe fee leviable on a \r\nmemorandum of appeal]. \r\n                                                 \r\n109Substituted for the words “Fifteen rupees” by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(1)(f)(ii). \r\n110\r\n[SCHEDULE II \r\nFixed Rates \r\nSr. \r\nNo. \r\nArticle Proper Fee \r\n1 2 3 \r\n1. \r\nApplication or petition– \r\n(a) When presented to any Officer of the Customs or Excise \r\nDepartment or to any Magistrate by any person having \r\ndealings with the Government and when the subject -matter of \r\nsuch application relates exclusively to those dealings; or \r\n When presented to any Officer of land -revenue by any person \r\nholding temporarily settled land under direct engagement with \r\nGovernment and when the subject -matter of the application or \r\npetition relates exclusively to such engagement; or \r\n When presented to any Civil Court other than a principal Civil \r\nCourt of original jurisdiction or to any Court of Small Causes \r\nconstituted under the Provincial Small Causes Courts Act, \r\n1887, or to a Collector or other officer of revenue in relation to \r\nany suit or case in which the amount or value of subject -matter \r\nis less than fifty rupees; or \r\n When presented to any Civil, Criminal or Revenue Court, or to \r\nany Board or Executive Officer for the purpose of obtaining a \r\ncopy or translation of any judgment, decree or order passed by \r\nsuch Court, Board or Officer, or of any other document or \r\nrecord in such Court or Office; \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n    \r\n111\r\n[One hundred     \r\nrupees]. \r\n \r\n \r\n \r\n \r\n \r\n(b) When containing a complaint or charge of any offence o ther \r\nthan an offence for which police officers may, under the Code \r\nof Criminal Procedure, 1898, arrest without warrant, and \r\npresented to Criminal Court; or \r\n112\r\n[Five hundred rupees]. \r\n When presented to a Civil, Criminal or Revenue Court, or to a \r\nCollector o r any Revenue Officer, having jurisdiction equal or \r\nsubordinate to a Collector or to any Magistrate in his executive \r\ncapacity and not otherwise provided for by this Act; or \r\n113\r\n[Five hundred rupees]. \r\n to deposit in Court revenue or rent; or \r\n114\r\n[Five hundred rupees]. \r\n                                                 \r\n110Substituted by the Punjab Finance Act, 1973 (XIV of 1973); and published in the Punjab Gazette (Extraordinary), dated \r\n29.6.1973, pages 999-A to 999-R, s.8 (w.e.f. 1.7.1973). \r\n111Substituted for the words “One rupee” by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(i)(a). \r\n112Substituted for the words “Two rupees” by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(i)(b). \r\n113Substituted for the words “Two rupees” by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(i)(b). \r\n114Substituted for the words “Two rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(i)(b). \r\nSr. \r\nNo. \r\nArticle Proper Fee \r\n1 2 3 \r\n for determination by a Court of the amount of compensation \r\nto be paid by a landlord to his tenant \r\n115\r\n[Five hundred rupees]. \r\n(c) (i) When presented to a Chief Controlling Revenue or \r\nExecutive Authority, or to a Commissioner of Revenue or Circuit or \r\nto any Chief Officer charged with executive administration of a \r\nDivision and not otherwise provided by this Act \r\n116\r\n[Five hundred rupees]. \r\n (ii) When presented to a Court or Authority other than a High \r\nCourt, for transfer of cases \r\n117\r\n[Five hundred rupees]. \r\n(d) When presented to a High Court–  \r\n(i) Under the Companies Act, \r\n118\r\n[2017], for winding up a \r\ncompany \r\n119\r\n[One thousand rupees]. \r\n(ii) Under the said Act for taking some other judicial action \r\n120\r\n[Five hundred rupees]. \r\n(iii) For transfer of cases \r\n121\r\n[Five hundred rupees]. \r\n(iv) In all other cases \r\n122\r\n[Five hundred rupees]. \r\n2. Application to any Civil Court that records may be called for from \r\nanother Court– \r\n \r\n When the Court grants the application and is of the opinion \r\nthat the transmission of such records involves the use of the post. \r\n123\r\n[Fifty rupees] in addition \r\nto any fee levied on the \r\napplication under clause \r\n(a), clause (b) or clause \r\n(c), of number 1 of this \r\nSchedule. \r\n3. Application for leave to sue as a pauper Two rupees. \r\n                                                 \r\n115Substituted for the words “Two rupees” by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(i)(b). \r\n116Substituted for the words “Two rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(i)(c)(i). \r\n117Substituted for the words “Five rupe es” by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(i)(c)(ii). \r\n118Substituted for the figure “1913” by the Punjab Finance Act 2024 (VIII of 2024),  published in the  Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(a). \r\n119Substituted for the words “Two hundred rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab \r\nGazette (Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(ii)(a). \r\n120Substituted for the words “Ten rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(ii)(b). \r\n121Substituted for the words “Five rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(ii)(c). \r\n122Substituted for the words “Five rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(ii)(d). \r\n123Substituted for the words “Three rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(iii). \r\nSr. \r\nNo. \r\nArticle Proper Fee \r\n1 2 3 \r\n4. Application for leave to appeal as a pauper Two rupees. \r\n5. Plaint or memorandum of appeal in a suit to establish or disprove a \r\nright of occupancy \r\n124\r\n[Five hundred rupees]. \r\n6. Undertaking under section 49 of the Divorce Act, 1869. \r\n125\r\n[One hundred rupees]. \r\n7. Mukhtarnama or Wakalatnama w hen presented for the conduct of \r\nany one case– \r\n \r\n(a) to any Civil or Criminal Court, other than a High Court, or to \r\nany Revenue Court, or to any Collector or Magistrate, or other \r\nExecutive Officer, except such as are mentioned in clauses (b) \r\nand (c) of this number; \r\n126\r\n[One hundred rupees]. \r\n(b) to Commissioner or Revenue, Circuit or Customs or to any \r\nofficer charged with the Executive Administration of a Division, \r\nnot being the Chief Revenue or Executive Authority; \r\n127\r\n[One hundred rupees]. \r\n(c) to a High Cou rt, Board of Revenue or other Chief Controlling \r\nRevenue or Executive Authority: \r\n128\r\n[Five hundred rupees]. \r\n8. Memorandum of appeal when the appeal is not from a decree or \r\nan order having the force of a decree and is presented– \r\n \r\n(a) to any Civil Court other  than a High Court, or to any Revenue \r\nCourt or Executive Officer other than the High Court or Chief \r\nControlling Revenue or Executive Authority; \r\n129\r\n[Five hundred rupees]. \r\n(b) to the Central Board of Revenue under section 188 of the Sea \r\nCustoms Act, 1878, or  section 35 of the Central Excise and \r\nSalt Act, 1944; \r\n130\r\n[Five hundred rupees]. \r\n(c) to High Court or other Chief Controlling Executive or Revenue \r\nAuthority: \r\n131\r\n[Five hundred rupees]. \r\n9.  Caveat \r\n132\r\n[Five hundred rupees]. \r\n                                                 \r\n124Substituted for the words “Two rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(iv). \r\n125Substituted for the words “One rupee”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(v). \r\n126Substituted for the words “Two rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazet te \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(vi)(a). \r\n127Substituted for the words “Two rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(vi)(a). \r\n128Substituted for the words “Three rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(vi)(b). \r\n129Substituted for the words “Three rupees”  by the Punj ab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(vii)(a). \r\n130Substituted for the words “Twenty -five rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Pun jab \r\nGazette (Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(vii)(b). \r\n131Substituted for the words “Ten rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(vii)(c). \r\nSr. \r\nNo. \r\nArticle Proper Fee \r\n1 2 3 \r\n10. Petition in a suit under the Nativ e Convert’s Marriage Dissolution \r\nAct, 1866: \r\n133\r\n[Five hundred rupees]. \r\n11. Plaint or memorandum of appeal in each of the following suits:-  \r\n(i) to alter or set aside a summary decision or order of any \r\nCivil Court, not being a High Court; or any Revenue \r\nCourt; \r\n134\r\n[Five hundred rupees]. \r\n(ii) to alter or cancel any entry in a register of the names of \r\nproprietors of Revenue paying estates; \r\n135\r\n[Five hundred rupees]. \r\n(iii) to obtain a declaratory decree when no consequential \r\nrelief is prayed; \r\n136\r\n[Five hundred rupees]. \r\n(iv) to set aside an award; \r\n137\r\n[One thousand rupees]. \r\n(v) to set aside an adoption; \r\n138\r\n[Five hundred rupees]. \r\n(vi) to set aside an alienation; \r\n139\r\n[Five hundred rupees]. \r\n(vii) every other suit where it is not possible to estimate at a \r\nmoney-value the subject matter in dispute, and which is \r\nnot otherwise provided for by this Act: \r\n140\r\n[Five hundred rupees]. \r\n12. Application under Chapter III of the Arbitration Act, 1940: \r\n141\r\n[One thousand rupees]. \r\n13. Agreement in writing stating a question for the opinion of  the Court \r\nunder the Code of Civil Procedure, 1908: \r\n142\r\n[Five hundred rupees]. \r\n                                                                                                                                                        \r\n132Substituted for the words “Ten rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(viii). \r\n133Substituted for the words “Ten rupees” by th e Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(ix). \r\n134Substituted for the words “Ten rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Ga zette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(x)(a). \r\n135Substituted for the words “Thirty rupees” by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(x)(a). \r\n136Substituted for the words “Thirty rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(x)(b). \r\n137Substituted for the words “Ten rupees” by the Pu njab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(x)(c). \r\n138Substituted for the words “Ten rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gaze tte \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(x)(d). \r\n139Substituted for the words “Fifteen rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(x)(e). \r\n140Substituted for the words “Ten rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(x)(f). \r\n141Substituted for the words “Twenty rupees”  by the Pun jab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(xi). \r\n142Substituted for the words “Twenty rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gaze tte \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(xii). \r\nSr. \r\nNo. \r\nArticle Proper Fee \r\n1 2 3 \r\n14. Every petition under the Divorce Act, 1869 except petitions under \r\nsection 44 of the same Act, and every memorandum of appeal \r\nunder section 55 of the same Act: \r\n143\r\n[Five hundred rupees]. \r\n15. Plaint or memorandum of appeal under the Parsi Marriage and \r\nDivorce Act, 1936: \r\n144\r\n[Five hundred rupees]. \r\n16. Plaint or memorandum of appeal in a suit by a reversioner under \r\nthe Punjab Customary law for a declaration in respect of an \r\nalienation of ancestral land. \r\n145\r\n[Five hundred rupees]. \r\n17. For determination of fair rent or eviction of tenant under sections 4 \r\nand 13 of the \r\n146\r\n[West Pakistan] Urban Rent Restriction Ordinance, \r\n1959 (VI of 1959)– \r\n \r\n(i) Where the property involved is exempted from Pr operty \r\nTax under the \r\n147\r\n[West Pakistan] Urban Immovable \r\nProperty Tax Act: \r\n148\r\n[Five hundred rupees]. \r\n(ii) Where such property is assessed to Urban Immovable \r\nProperty Tax: \r\n149\r\n[Five hundred rupees].] \r\n150\r\n[18. Plaint or memorandum of appeal for recovery of compensat ion or \r\ndamages under the Fatal Accidents Act, 1855. \r\n151\r\n[Five hundred rupees].] \r\n                                                 \r\n143Substituted for the words “Twenty rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(xiii). \r\n144Substituted for the words “Twenty rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(xiv). \r\n145Substituted for the words “Twenty rupees”  by the Pun jab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(xv). \r\n146Now “The Punjab”. \r\n147Now the Punjab Urban Rent Restriction Ordinance, 1959. \r\n148Substituted for the words “Five rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(xvi)(a). \r\n149Substituted for the words “Fifteen rupees”  by the Punjab Finance Act 2024 (VIII of 2024),  published in th e Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(xvi)(b). \r\n150Added by the Court Fees (Punjab Amendment) Ordinance, 1981 (XIV of 1981), which was not subject to the limitation as to its \r\nduration under the Constitution, vide the  Laws (Continuance in Force) Order, 1977 (CMLA’s Orders No. 1 of 1977), and was \r\nvalidated by Article 270A of the Constitution of the Islamic Republic of Pakistan (1973). \r\n151Substituted for the words “Fifteen rupees”  by the Punjab Finance Act 2024 (VIII of 20 24), published in the Punjab Gazette \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5005, s. 2(2)(b)(xvii). \r\n152\r\nSCHEDULE III \r\n(See Section 19-I) \r\nFORM OF VALUATION (TO BE USED WITH SUCH MODIFICATIONS, IF ANY AS \r\nMAY BE NECESSARY) \r\nIN THE COURT OF __________________________________  \r\nRe Probate of the Will of __________________ _ (or administr ation of the property and credits of \r\n_________________), deceased. \r\n I  __________________________________________ ( solemnly affirm ) \r\n  ( make oath ) \r\nand say that I am the executor (or one of the executors or one of the next -of-kin) of \r\n________________, deceased, and that I have tru ly set forth in Annexure A to this \r\naffidavit all the property and credits of which the above -named deceased died \r\npossessed or was entitled to at the time of his death, and which have come or are \r\nlikely to come, to my hands. \r\n2. I further say that I have als o truly set forth in Annexure B all the items I am by \r\nlaw allowed to deduct. \r\n3. I further say that the said assets, exclusive only of such last -mentioned items, \r\nbut inclusive of all rents, interest, dividends and increased values since the date of \r\nthe death of the said deceased, are under the value of \r\nANNEXURE A \r\n Rs. A P. \r\nVALUATION OF THE MOVEABLE AND IMMOVEABLE PROPERTY OF \r\nDECEASED \r\nCash in the house and at the banks household goods, wearing -apparel, \r\nbooks, plate, jewels, etc. \r\n(State estimated value accord ing to best of Executor’s or Administrator’s \r\nbelief). \r\nProperty in Government securities transferable at the Public Debt Office. \r\n(State description and value at the price of the day; also interest \r\nseparately, calculating it to the time of making the application). \r\nImmoveable property consisting of \r\n(State description, giving, in the case of houses, the assessed value, if \r\nany, and the number of years’ assessment the market -value is estimated \r\nat, and, in the case of land, the area, the market -value and all rents  that \r\nhave accrued). \r\nLeasehold property \r\n(If the deceased held any leases for years determinable, state the number \r\nof years, purchase the profit rents are estimated to be worth and the value \r\nof such inserting separately arrears due at the date of death and all rents \r\n   \r\n                                                 \r\n152This Schedule was added by the Court -fees (Amendment) Act, 1899 (II of 1899). The original Schedule III was repealed by \r\nthe Repealing Act, 1870 (XIV of 1870). \r\n Rs. A P. \r\nreceived or due since that date to the time of making the application). \r\nProperty in public companies \r\n(State the particulars and the value calculated at the price of the day, also \r\nthe interest separately calculating it to the time of making the application). \r\nPolicy of insurance upon life, money but on marriage and other societies \r\nsuch as bonds, mortgages, bills, notes and other securities for money. \r\n(State the amount of the whole; also the interest separately, calculating it \r\nto the time of making the application). \r\nBooks debts \r\n(Other than bad) \r\nStock in trade \r\n(State the estimated value, if any) \r\nOther property not comprised under the foregoing heads. \r\n \r\n(State the estimated value, if any). \r\n \r\n TOTAL: \r\nDeduct amount shown in Annexure B not subject to duty. \r\n \r\n NET TOTAL: \r\n \r\n \r\nANNEXURE B \r\nSCHEDULE OF DEBTS, ETC. \r\n \r\nAmount of debts due and owing from the deceased, payable by law out of \r\nthe estate. \r\nAmount of funeral expenses \r\nAmount of mortgage incumbrances \r\nProperty held in trust not beneficially or with general power to  confer a \r\nbeneficial interest. \r\nOther property not subject to duty \r\n TOTAL:",
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