Court fees are charged under State court fee laws and the rules of the High Court, so there is no single national rate. The fee depends on the type of proceeding and often on the value of the claim. In Maharashtra, the Maharashtra Court Fees Act, 1959 applies. Check the Act of the State and the rules of the court before filing.
- Category
- Court Fees & Formats
- Court or forum
- High Court, Trial and subordinate courts
- Type of content
- General information, not legal advice
- Last updated
Purpose and background
A court fee is a payment made to the State when a plaint, petition or appeal is filed. For a suit for money or property it is commonly a percentage of the value of the claim, called an ad valorem fee, subject to the schedule in the law. For many petitions and applications it is a fixed amount.
A shortfall in the court fee is a defect the registry will point out. Section 149 of the Code of Civil Procedure lets a court allow a party to pay a deficient court fee later, in a suitable case.
Jurisdiction: where is it filed?
The Central Court Fees Act, 1870 applies in some places, and many States have their own court fee Acts and schedules. For a petition in a High Court, the High Court's rules also state the fee payable.
Procedural stages
- Identify the kind of proceeding: suit, petition, appeal or application.
- Find the schedule in the court fee law of the State, and the High Court's rules, that apply to that proceeding.
- Work out the value of the claim, if the fee depends on it, using the rules for valuation.
- Pay the fee in the form the court accepts, for example by e-stamp, e-payment or court fee stamps, and keep the receipt.
- File the receipt or stamps with the plaint or petition, and answer any registry objection about a shortfall.
Documents commonly required
- Plaint or petition for which the fee is paid
- Valuation statement, where the fee depends on value
- Receipt, e-stamp or court fee stamps
- Registry's report on a deficiency, if any
Limitation and timing
Fee rates and schedules change when a State amends its law. Use the current text of the Act and the court's notices, and do not rely on an older figure.
Common questions
How much is the court fee in a High Court?
It depends on the State, the type of proceeding and often the value of the claim, so there is no single figure. The fee is set by the State's court fee law and the High Court's rules. Check the current schedule before filing.
What happens if the court fee paid is less than required?
The registry raises it as a defect. Section 149 of the Code of Civil Procedure also allows a court, in a suitable case, to let a party make up the shortfall later. Pay the balance when the registry asks.
Official references
- India Code, for the text of Central Acts
- Supreme Court of India
- Official website and rules of the High Court concerned
- How to find the right High Court