What court fee do I pay for a civil suit in Surat under the state court fees act?

Detailed Legal Analysis

The court fee payable for a civil suit in Surat is primarily determined by the Gujarat Court Fees Act, 2005, which governs the fees applicable in civil matters within the state of Gujarat.

Under the Gujarat Court Fees Act, the court fee is calculated based on the value of the subject matter of the suit. The key points regarding the court fee structure are as follows:

• Fixed Fee: For certain types of cases, a fixed court fee is stipulated. For instance, suits for recovery of money, partition, or specific performance may have a fixed fee based on the monetary value involved.
• Value-Based Fee: If the suit involves a claim of a specified value, the court fee is calculated as a percentage of that value. The percentage can vary based on the nature of the suit.
• Schedule of Fees: The Gujarat Court Fees Act contains a detailed schedule that outlines the fees applicable to various types of civil suits. For example:
  • Suits for recovery of money: A fee of 1% of the claim amount, subject to a minimum of ₹100.
  • Suits for specific performance: A fee equivalent to the value of the subject matter.
  • Suits for partition: A fee based on the market value of the property being partitioned.
• Exemptions: Certain categories of suits may be exempt from court fees, such as suits filed by government authorities or specific social causes.
• Additional Costs: Besides the basic court fee, there may be additional costs for services like summons, notices, and other procedural requirements.

To determine the exact court fee applicable to your specific suit, it is advisable to consult the Gujarat Court Fees Act, 2005, particularly the relevant sections and schedules. You may also seek assistance from a legal professional in Surat who can provide tailored advice based on the particulars of your case.

For further reference, please consult:

• Gujarat Court Fees Act, 2005