One of the first questions a client asks is, "How much will this cost?" Apart from legal fees, the State demands a 'Court Fee' for using the judicial machinery. In India, this is not a flat rate—it's complex.
Ad Valorem vs. Fixed Fees
- Ad Valorem: Literally "according to value". For money recovery or property suits, you pay a percentage of the claim amount. In Delhi, for example, it tapers down as the amount increases, but can still run into lakhs.
- Fixed Fees: For declarations, injunctions, or partition (where possession is already with you), the fee is often nominal (e.g., Rs. 20 to Rs. 200).
State-Specific Acts
There is a central Court Fees Act, 1870, but every state has its own amendment. A suit in Mumbai (Maharashtra Court Fees Act) costs different from one in Bangalore or Delhi. Always check the local schedule.
Process Fees (PF)
Separate from the suit value, you must pay 'Process Fees' for every summons sent. This is usually a small amount but mandatory for the court admin to dispatch notices.
Refund of Court Fees (Section 89 CPC)
Here is a money-saving tip: If you settle the dispute through mediation, Lok Adalat, or judicial settlement before the evidence stage concludes, you are entitled to a full refund of the court fees under Section 16 of the Court Fees Act (read with Sec 89 CPC). This is a huge incentive for settlement.