71. Institution-fee.—A fee not exceeding—
(a) when the amount or value of the subject-matter does not exceed five hundred rupees—the
sum of two annas in the rupee on such amount or value,
1. Subs. by Act 4 of 1906, s. 4, for section 69.
2. See Now the Code of Civil Procedure, 1908 (Act 5 of 1908).
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(b) when the amount of value of the subject-matter exceeds five hundred rupees—the sum of
sixty-two rupees eight annas, and one anna in the rupee on the excess of such amount or value over
five hundred rupees,
shall be paid on the plaint in every suit, and every application under 1*** section 41; and no such plaint or
application shall be received until such fee has been paid.
An additional fee of ten rupees shall be paid on the filing of every agreement under section 20.
STATE AMENDMENT
Maharashtra
Amendment of section 71 of Act XV of 1882.—In section 71 of the principal Act,--
(a) for the words “A fee not exceeding” the words and figures “Save as otherwise provided
in section 44, a fee not exceeding” shall be substituted.
(b) for the portion beginning with the words “on the plaint in every suit,” and ending with
the words “until such fee has been paid,” the following shall be substituted, namely:--
“on the plaint in every suit, and no such plaint shall be received until such fee has been
paid.”
[Vide Maharashtra Act XIX of 1976, s. 6]
72. Fees for processes.—The fees specified in the third and fourth columns of the fourth schedule
hereto annexed shall be paid previous to the issue in any suit or in any proceeding under Chapter VII
of this Act of the processes, to which the said columns respectively relate, by the persons on whose
behalf such processes are issued, when the amount or value of the subject-matter exceeds the sum
specified in the first column, but does not exceed the sum specified in the second column of the said
schedule.
STATE AMENDMENT
Maharashtra
Substitution of section 72 of Act XV of 1882.—For section 72 of the principal Act, the
following section shall be substituted, namely:--
“72. Fees for process.—The fees specified in the third and fourth columns of the Fourth
Schedule hereto annexed shall be paid previous to the issue, in any suit or appeal or proceeding
under this Act, of the processes, to which the said columns respective relate, by the persons in
whose behalf such processes, to which the said columns respectively relate, by the persons in
whose behalf such processes are issued, when the amount or value of the subject-matter exceeds
the sum specified in the first column, but does not exceed the sum specified in the second column
of the said Schedule, When the amount or value of the subject-matter exceeds Rs. 3000; the
additional fees to be paid for summonses shall be at the rate of 10 paise for every Rs. 100 or part
thereof in excess of Rs. 3,000 and the additional fees to be paid for other processes shall be at the
rate of 40 paise for every Rs. 100 or part thereof in excess of Rs. 3000.”
[Vide Maharashtra Act XIX of 1976, s. 7]
73. Repayment of half fees on settlement before hearing.—Whenever any such suit or
proceeding is settled by agreement of the parties before the hearing, half the amount of all fees paid up to
that time shall be repaid by the Small Cause Court to the parties by whom the same have been
respectively paid.
3.The words and figures “section 38 or” rep. by Act 7 of 1896 .
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STATE AMENDMENT
Maharashtra
Amendment of section 78 of Act XV of 1882.—In Section 73 of the Presidency Small Cause
Courts Act, 1882 (XV of 1882), shall be renumbered as sub-section (1) of that section, and in subsection (1) so renumbered after the words “have been respectively paid” the following proviso and
sub-section shall be inserted, namely:--
“Provided that no such fees shall be repaid if the amount of institution fee on the plaint or
application does not exceed five rupees or the claim for repayment is not made within one year from
the date on which the suit or proceeding was so settled.
(2) The State Government may, from time to time, by order, provide for repayment to the
plaintiffs, or applicant of any part of the fees paid on plaints or applications by them in suits or
proceedings, as the case may be, disposed of under such circumstances and subject to such conditions
as may be specified in the order.”
(2) For the marginal note to the said section 73, the following shall be substituted, namely:--
“Repayment of fees under certain circumstances.”
[Vide Bombay Act XLIV of 1955, s. 2]
74. Fees and costs of poor persons.—The Small Cause Court may, whenever it thinks fit, receive
and register suits instituted, and applications under section 41 made by poor persons, and may issue
processes on behalf of such persons, without payment or on a part-payment of the fees mentioned in
sections 71 and 72.
STATE AMENDMENT
Maharashtra
Amendment of section 74 of Act XV of 1882.—In section 74 of the principal Act,--
(a) the words, figures and letter “and applications under section 41 made, and appeals under
section 42A made,” shall be deleted;
(b) for the words and figures “section 71 and 72” the words and figures “section 44, 71 and 72,”
shall be substituted.
[Vide Maharashtra Act XIX of 1976, s. 8]
75. Power to vary fees.—The State Government may from time to time, by notification in the Official
Gazette, vary the amount of the fees payable under sections 71 and 72:
Provided that the amount of such fees shall in no case exceed the amount prescribed by the said
sections.
76. Expense of employing legal practitioners.—The expense of employing an advocate, vakil,
attorney or other legal practitioner incurred by any party shall not be allowed as costs in any suit or in
any proceeding under Chapter VII of this Act, in the Small Cause Court, in which suit or proceeding
the amount or value of the subject-matter does not exceed twenty rupees, unless the-Court is of
opinion that the employment of such practitioner was under the circumstances reasonable.
STATE AMENDMENT
Maharashtra
Amendment of section 76 of Act XV of 1882.—In section 76 of the principal Act,--
(a) the words and figures “or in any application or appeal under Chapter VII of this Act,” shall
be deleted;
(b) the words “or application or appeal” shall be deleted.
[Vide Maharashtra Act XIV of 1976, s. 9]
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77. Sections 3, 5 and 25 of Court-fees Act, 1870, saved.—Nothing contained in this Chapter shall
affect the provisions of sections 3, 5 and 25 of the Court-fees Act, 1870 (7 of 1870).