1] Suit
based on Demand Promissory note for Recovery Money:-
Court
Fee:- Advalorem Fees U/Sec.20
of A.P.C.F. & S.V.Act r/w. Art 1 ©
of Schedule -I of Court Fee Act.
Limitation:- Art-31,34,35 36 and 37 – Three years
Sec:18:- Effect of acknowledgment of debt -
Extends Limitation only against
the person who has made it in writing and signed and does’t
bind other promissors.
Sec.19:- Effect of payment:- If payment is
made by any one of the borrowers/promissors if binds all promissors – 1974 (1) An WR -98.
Sec.25(3) of
Indian Contract Act:- Promise to pay
a debt barred by limitation Law.
Jurisdiction:- U/Sec. 20 C.P.C.
(a) Where
the promissory note executed.
(b) Where
the defendant ordinarily resides, carries on business or personally works for
gain.
(c)
If there are more than one defendants executed
Demand Promissory note, suit can be filed where any one of the defendants
resides, but leave of the court is to be obtained U/Sec.20 (b) C.P.C.
2] Suit
for arrears of rent:
Court
Fee: Ad valorem court fee U/Sec.20
r/w. Art. 1(c)
Limitation: Art.52 – When the arrears 3 years –
becomes due.
Jurisdiction: Where the lease hold property is
situated or where rent agreed to be
paid as per lease deed or where defendant resides-
3] Suit for eviction (Other than
RCC)
Court
Fee: Ad valorem court fee
U/Sec.40 (2) r/w. Sec.20 and Art.1 (c) of Court Fee Act.
Limitation: Art.67 – When the tenancy
determined. 12 years
Jurisdiction: Where the demised premises is
situated U/Sec.16 of CPC.
4] Suit for Specific Performance of an
agreement of sale:-
Court Fee: Ad valorem court fee U/Sec.39 of Court Fee Act on the
amount of the consideration.
Limitation: Art.54 of Limitation Act – 3 years- the date fixed for
Performance or if knows such date fixed when the Plaintiff has notice that
performance is refused.
Jurisdiction: Where the subject matter of the
property is situated U/Sec.16 of CPC.
5] Suit by a Bank for recovery of loan:-
1] Based on Simple Agreement with guarantors
2] Based on promissory note with
guarantors
3] Based on Hypothecation Agreement
with guarantors
4] Based
on Mortgage:
A]
Simple Mortgage
B]
O deposit of Title Deeds (Equitable Mortgage)
Court Fee: Ad valorem court fee the loan amount due U/Sec.20 r/w.Art 1 (c)
Limitation: Art.54 of Limitation Act – 3 years- the date fixed for
Performance or if knows such date fixed when the Plaintiff has notice that
performance is refused.
(i) Article 23 to 26 -3
years
(ii) Article 31,34,35,36 & 37 -3 years (From the date of default)
(iii) Article 23 to 26 years -3years (Hypothication
Agreement)
Moveable
property (Spl.Vehicles)
(iv) Article 62,63,65 -12 years
Jurisdiction: (i) (ii) & (iii) Where the agreement is
executed (or) Where the defendants resides U/Sec. 20 C.P.C.
(iv) Where the subject matter of the suit i.e., immovable
property is situated U/Sec.16 CPC.
(6) Suit
for Maintenance:-
Court Fee: On the arrears of maintenance U/Sec.22 r/w 20 of C.F.Act.
Limitation: Article 113 of Limitation Act. - 3 years.
Jurisdiction: Where the defendants reside (or)
where the cause of action arose in part or in whole.
(7) Suit for Partition:-
Court Fee: (i) If the suit is
based on joint possession fixed Court
Fee payable U/Sec.34(2) of A.P.C.F. and S.V.Act.
(ii) If the plaintiff out of possession, if he shall be paid on the market value of
moveable property (or) 3/4th of the immovable property to
extent of plaintiff share.
(ii) When Court Fee is payable at fixed rate the value for the
purpose of court fee and for the purpose of pecuniary jurisdiction will be on
and the same U/Sec.50 (2) of Court Fee Act.
Limitation: Article
________________ 12 years.
Jurisdiction: (i) where the subject matter is
situated U/Sec.16 CPC
(ii) In case where the subject matter is situated and within the local
jurisdiction of two different courts, the suit can be filed in any one of the
Court U/Sec.17 CPC.
8] Suit
for dissolution of partnership:-
Court Fee: U/Secs.33 and 20 of Court Fee Act on the value of the
Plaintiff’s Share in the partnership.
Limitation: Article 113 of Limitation Act. (Residuary Provision) - 3 years.
Jurisdiction: Where the partnership business is
carried on U/Sec.20 CPC.
9] Suit
for enforcement of Easement:-
Court Fee: U/Sec.30 of Court Fee Act on the amount at which the
relief sought by the Plaintiff or at which the relief is value, whichever is
higher.
Limitation: Article 113 of Limitation Act. (Residuary Provision) - 3 years.
Jurisdiction: Where the subjected matter is
situated U/Sec. 16 CPC.
10]
Suit for Injunction:-
Court Fee: The relief may be either prohibitory injunction or Mandatory injunction for preventing from the wrongful person from causing breach or
a directory relief against the
person causing infringement and in both the occasions the Court Fee is to be valued notionally U/Sec.26 of C.F.Act. or as fixed by Court, whichever is higher.
Limitation: Article 113 of Limitation Act. (Residuary Provision) - 3 years.
Jurisdiction: Where the subjected matter (Immovable Property) is situated
U/Sec.16 CPC. In other cases where the
cause of action partly or wholly arises.
11] Suit for declaration and injunction:- (
Immovable Property).
Court Fee: U/Sec.24 (b) of Court Fee Act with reference to immovable property the fee shall be computed on
Half of the market value of the property
or on Rs.300/-, whichever is higher.
The relief of injunction is ancillary to main relief; hence no court fee
is necessary.
Limitation: Article 65 of Limitation Act. When the Defendants claims title over
plaintiffs claim - 12 years. (
Cause of Action)
Jurisdiction: Where the subjected matter i.e., immovable Property is
situated U/Sec.16 CPC.
12] Suit for Possession U/Sec.6 of Specific
Relief Act:- ( Immovable Property)
Court Fee: U/Sec.28 of Court Fee Act on half of the market value of
property or onRs.200/-, whichever is higher.
Limitation: U/Sec. 6 (2) (a) of Specific Relief Act the suit is to be filed within 6 months from
the date of dispossession.
Jurisdiction: Where the subjected matter i.e., immovable Property is
situated U/Sec.16 CPC.
13] Suit for Possession and Injunction:
Court Fee: U/Sec.29 of Court Fee Act on 3/4th of the
market value of property or on Rs.300/-, whichever is higher.
Limitation: Article 65 of Limitation Act the suit is to be filed within 12 years from
the date of dispossession.
Jurisdiction: Where the subjected matter i.e., immovable Property is
situated U/Sec.16 CPC.
14] Suit
for Damages for malicious prosecution:-
Court Fee: Ad valoram U/Sec.20 r/w. Article 1 (c) of Court Fee Act.
Limitation: Article 74 of Limitation Act within one year from the date
of acquittal or termination of proceedings of prosecution.
Jurisdiction: Where the case ended in acquittal U/Sec.20 of CPC.
15] Suit
for damages for defamation:-
Court Fee: Ad valoram Court Fee U/Sec.20 r/w. Article 1 (c) of Court
Fee Act.
Limitation: Article 75 and 76 of Limitation Act within one year from
the date of defamatory statement or publication.
Jurisdiction: Where the cause of action occurred U/Sec.20 of CPC.
16] Suit
for enforcement of right of pre-emption:-
Court Fee: U/Sec.47 r/w. Article 1 (c) of Court Fee Act
Limitation: Article 113 of Limitation Act when the right to sue
accrues.
Jurisdiction: Where the immovable property is situated U/Sec.16 of CPC.
17] Suit
for Declaration of title and Recovery of Possession:- ( Immovable
Property).
Court Fee: U/Sec.24 (a) of Court Fee Act with reference to immovable property the fee shall be computed on 3/4th of the market value of the property or on Rs.300/-, whichever is higher. The relief of possession is ancillary to main
relief; hence no court fee is necessary.
Limitation: Article 65 of Limitation Act. When the Defendants claims title over
plaintiffs claim - 12 years. (Cause
of Action)
Jurisdiction: Where the subjected matter i.e., immovable Property is
situated U/Sec.16 CPC.
18] Suit
for Enforcing Mortgage:-
A] Suit by Mortgager for
Redemption:-
Court Fee: U/Sec.31 (8) of Court Fee Act on the Mortgage amount or on
1/4th of principle amount secured under the Mortgage, whichever is
higher.
Limitation: Article 61 of Limitation Act. When the right to redeem or to recovery possession
accrues - 30 years.
Jurisdiction: Where the subjected matter i.e., immovable Property is
situated U/Sec.16 CPC.
B] Suit by Mortgagee to enforce
payment:-
Court Fee: U/Sec.31 (1) of Court Fee Act on the amount due on
Mortgage.
Limitation: Article 62 of Limitation Act. When the money sued for becomes due. 12 years.
Jurisdiction: Where the subjected matter i.e., immovable Property is
situated U/Sec.16 CPC.
19] Suit
for Adoptions:- ( Minors)
Court Fee: U/Sec.25 of Court Fee Act on half of the market value of
the movable and immovable properties involved or affected by such declaration or
on Rs.500/-, whichever is higher.
Limitation: Article 57 or 58 of Limitation Act as per the relief asked
for plaint-- 3
years.
Jurisdiction: Where the subjected matter is situated or where the cause of
action wholly or partly arises.
20] Suit
for Cancellation:-
Court Fee: U/Sec.37 of Court Fee Act for cancellation of Decree
having money value or other property or
document which purports to create operates
any right in moveable or immovable properties, the fee shall be
completed on the value of subject matter
of the suit.
Limitation: Article 59 of Limitation Act -- 3
years.
Jurisdiction: Where the subjected matter is situated or where the cause of
action wholly or partly arises U/Secs.16 CPC and 20 CPC.
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