In exercise of the powers conferred by
Art. 277 of the Constitution of India and Section 27 of the Legal
Practitioner's Act of 1879 and Section 34(1) (a) of the Advocates Act, the High
Court of Andhra pradesh frames the following: These rules may be called Advocates'
Fee Rules. In these Rules unless the context
otherwise requires: (i)
"Advocate" includes a Pleader
authorised to practice in courts; within the meaning of Advocates E Act; (ii)
"District Court" means and includes
the highest court in the District and any other court equivalent to such court
within the meaning of the Civil Courts Act and includes the Courts of the Chief
Judge, Additional Chief Judges and the Chief Judge and the Additional Chief
Judge of the City Civil Small Causes Court within the City of Hyderabad. (iii)
"Sub-Court" includes the Court of
the Subordinate Judge in the districts including the Additional Subordinate
Judges and in the City of Hyderabad includes the Courts of the Additional
judges, City Civil Court and Additional Judge, City Small Causes Court; (iv)
"District Munsif Court" includes
the courts of the District Munsif in the District and Assistant Judges in the
City Civil Court. These rules shall govern the fee
payable by the adversary in the courts subordinate to the High Courts of
Andhra Pradesh. In all suits triable by Court of Small
Causes, the fee shall be 10% of the amount claimed subject to a minimum of
Rs. 100/-. In all money suits, the fee shall be
calculated at the rate of 10% of the claim involved in such suits when it does
not exceed Rs. 10,000/-. In all such suits, referred to above
when the claim involved exceeds Rs. 10,000/- the fee payable shall be
calculated at the rate of 10% of the claim involved on the first Rs. 10,000/-
and on next Rs. 10,000/- at the rate of 7% and when the claim exceeds Rs.
20,000/- as above and on the next Rs. 30,000/- at the rate of 5% and on the
balance at the rate of 2% of the claim on the balance. Provided, however, that in all suits
which are tried in batches of four suits or more and where evidence is recorded
is common and the suits are disposed of by a common judgment, the fee payable
shall be l/3rd of the fee admissible under this rule in each suit. In all suits where any declaration of
title to any property is involved along with any other consequential relief
such as possession or injuction the fee shall be fixed at the rate 7% of the
total value of the property taken as the value for the purpose of Court Fee and
Suits Valuation Act, 1956 or any such Act for the time being in force subject
to a minimum of Rs. 500/-, in the Court of District Munsif and a minimum of Rs.
1,500/- in other Courts and a maximum of Rs. 1,00,000/-. In all suits for recovery of movable
property or its value and in all suits for maintenance and annuities, the fee
payable shall be fixed in the same manner as in the suits for money subject to
a minimum of Rs. 500/-. In all suits for bare injunction, the
fee shall be fixed as in money suits subject to a minimum of Rs. 500/-. In all suits forenforcement of an
agreement of sale or any other relief under the Specific Relief Act, 1877, the
fee shall be fixed as in suits for declaration of title to immovable property
mentioned in Rule 3 (d) and any other suit for recovery of possession under a
contract of sale or otherwise or for the recovery of money under such a
contract shall be treated likewise. In all suits relating to easement,
whether any compensation is sought or not, the fee shall be fixed at 10% of the
value of the claim mentioned in the plaint subject to a minimum of Rs. 750/-
and a maximum of Rs. 10,000/-. All suits for recovery of money based
upon accounts shall be treated as suits for the recovery of money for the
purpose of these rules and the fee shall be fixed as provided for such suits
herein. In all suits for dissolution of
partnership and for partition of joint family properties or administration
suits, fee shall be fixed by the court at 5% of the valuation subject to a maximum
of Rs. 10,000/- irrespective of the other reliefs claimed therein. In all other suits including suits
relating to Trust property or property endowed and any other suit which was
filed as on Original Petition initially but was subsequently converted into a
suit as under the provisions of the Succesion Act or Petitions filed for the
grant of Probate of Letters of Administration, on such conversion into a suit,
the fee shall be fixed at 3% of the value of the property involved or the Estate
subject to a maximum of Rs. 10,000/-. In all other Original Petitions
relating to matrimonial Causes, Land Acquisition matters, claims regarding
Motor Vehicle Accidents, Claims under the Arbitration Act and grant of
Succession Certificate or Letters of probate the fee shall be fixed by the
court at not less than Rs. 500/- and not more than Rs. 5,000/- at its
discertion subject to the provisions of Rule 18 below. In all the above matters where the
suit claims or petitions including original petitions mentioned above are
settled out of court or adjusted at any time before the judgment is pronounced,
or otherwise disposed of without contest half the fee shall be allowed. All suits or other proceedings of a
substantive nature which are dismissed for default shall be treated as money
suits and the court shall fix the fee payable to the other party at half the
fee payable on contest. In all original petitions whether it
is matrimonial cause, or under the Succession Act or a claim under the Land
Acquisition Act or under the Arbitration Act, if the said proceeding or
petition is not contested half of the fee payable otherwise shall be paid as
fee under these rules. Whenever any suit is re-heard on
review, the successful party shall be entitled to half of the fee taxable
according to these rules in such suit and the same shall apply to any original
petition named above. In all appeals against any judgment,
order or decree filed in any District Court, the fee shall be fixed in the same
manner as in the trial court as provided above. For the purpose this rule in a
Civil Miscellaneous Appeal fee shall be calculated as in Rule 22 below. In all execution petitions filed for
the fist time, the Court shall fix a fee which is 1 /2 of the fee allowed in
the suit or proceeding as the case may be vinder the above rules in case of
contest and 1/ 4th in cases where there is no contest. In all interlocutary applications
filed in any suit or other proceedings including petitions filed by third
parties and petitions for withdrawal of money deposited in Court either by any
party to the suit or proceeding or by third party who is entitled to such
withdrawal (including the Incometax Department) the Court shall fix a fee of
not less than Rs. 100/- subject to a maximum of Rs. 500/-. In the following special cases the fee
shall be as noted below: (a)
(i) In inter-pleader suits the fee to be
given to the advocate for original plaintiff shall be one-fourth of the
fee prescribed under Rule 5, subject to a maximum of Rs. 700/- (ii) In suits under Order XXXVI and
XXXVII of the First Schedule to the Code of Civil Procedure where leave to
defend has not been granted the fee shall be half the fee prescribed under Rule
5, subject to a maximum of Rs. 700/-. (b)
(i) In declaratory suit where the
subject-matter in respect of which relief claimed is capable of valuation, the
fee shall be according to the scale prescribed in Rule 5. Where it is not so
capable of valuation, the court shall fix a fee subject to a minimum of Rs.
500/- in the court of District Munsif and a maximum of Rs. 1,000/- and Rs.
500/- as the minimum and Rs. 2,500/- in a Sub-Court or District Court. In suit under Section 7 of the Indian
Registration Act, the Court shall at its discretion fix a fee having or regard
to the time taken in the case, a minimum of Rs. 250/- and a maximum of Rs.
1,000/-. In all proceedings under the
Insolvency Act, if the proceedings are contested the fee shall be fixed not at
less than Rs. 1,000/- and in case there is no contest the Court shall fix a fee
of Rs. 500/-. In all applications under the Andhra
Pradesh Buildings (L.R. & E ) Control Act, and the appeals arising from any
order thereupon the fee shall be fixed at not less than Rs. 500/- and not more
than Rs. 2,000/-. In all election petitions, filed in
the lower court under any Act, the fee shall be fixed at not less than Rs.
1,000/- and not more than Rs. 5,000/-. In all suits not otherwise provided
for and of whatever nature, the court shall fix a fee of not less than Rs.
500/- and not more than Rs. 2,000/-. In all other cases the court shall fix
a fees of not less than Rs. 500/- and not more than Rs. 5,000/- In all other proceedings under any Act
and in any suit when any sum is claimed as damages, the Court shall fix the fee
as in a money suit. In all cases where the value of the
claim exceeds Rs. 5,000/- and in all cases where an Advocate with standing of
more than [1][15]
years at the Bar is assisted by a Junior Advocate appearing along with him from
the stage of pleadings an additional fee calcuated at 1/3rd of the fee
allowable according to these Rules shall be fixed by the Court. Where any suit remanded on appeal and
heard afresh in a Court Subordinate to the High Court, half of the fee
prescribed under these rules for the suit of the said nature shall be fixed. PART-II HIGH
COURT The Rules framed as under shall
regulate the fee payable to the Advocates appearing in the High Court of Andhra
Pradesh. In all appeals arising out of suits
for money or any other suit or other proceedings decided by a court subordinate
to the High Court including appeals under Clause 15 of the Letters Patent, the
fee shall be fixed at the same rate as in the trial court. The fee shall be fixed at half the
amount if the appeal is uncontested at the time of the hearing or if the appeal
is withdrawn before or during the hearing thereof, or if the appeal is disposed
of as infructuous, in all cases where costs are granted. In all Civil Miscellaneous appeals
filed in the High Court, the fee shall be fixed as in the lower court in the
proceedings from out of which such Civil Miscellaneous Appeals arise. In all Civil Miscellaneous Petitions
in the appeal or other proceedings the Court shall fix the fee payable to the
successful party at a minimum of Rs. 150/- whenever costs are directed to be
paid in such petitions. Whenever a counsel of more than [2][15]
years standing at the Bar is assisted by a Junior counsel from the time when
appearance is entered, an additional fee amounting 1/3rd or the fee payable to
the Senior Counsel shall be fixed by the Court subject to a minimum of Rs.
500/-. In all petitions under Articles 226
and 227 of the Constitution of India and in all appeals arising therefrom under
Clause 15 of the Letters Patent, the Court shall fix such fees as it considers
to be just and proper and irrespective of whether the petition or appeal as the
case may be, is allowed, dismissed or disposed of] For the purpose of those rules whether
relating to the fee to be fixed in the Courts subordinate to High Court, or in
the High Court, the amount or valuation of the claim shall be as set out in the
plaint or Memorandum of Appeal or cross-objections and in applications under
Articles 226 and 227 of the Constitution of India, it shall not be necessary to
set forth such valuation. In all Election Petitions, filed in
the High Court fee shall be fixed at not less than Rs. 2,500/- for each
contesting respondent. In all Civil Revision Petitions and
Second appeals fee shall be at not less than Rs. 250/-. In all proceedings not otherwise
provided for, the costs shall be at the discretion of the Court. The fee payable in all cases shall be
rounded off to the nearest ten rupees, four rupees or less being neglected and
five rupees or more being shown as ten rupees. The Court shall order separate sets of
fee only in cases where the parties advance or succeed on substantially
independent grounds separate and specific to the party succeeding thereupon and
only to the extent of the value of the property or the amount covered thereby
provided, however, the Court shall be at liberty to apportion amongst the
parties the fee payable in case of each contesting party whenever it is
considered desirable and in all such cases it shall not be necessary that the
total amount of fee so granted may or may not aggregate to the fee payable if
the matter had been decided as if one set of fee was to be fixed. The Court of District Munsif or any
Court of equivalent rank shall grant adjournment on such terms as to costs not
exceeding Rs. 100/- on any one occasion: The Court of the Subordinate Judge or
any Court of equivalent rank shall grant adjournment subject to such terms as
it may think fit regarding costs not exceeding Rs. 200/- on any one occasion. The Court of the District Judge or any
Court of equivalent rank shall grant adjournment on such terms as it thinks fit
regarding costs which shall not exceed Rs. 300/- on any one occasion. In matters not provided for herein,
the fee payable shall be in the discretion of the High Court and nothing in
these shall be deemed to reduce the jurisdiction of the High Court to grant
exemplary costs. Every Advocate shall produce a
certificate that he has received the fee claimed in the suit or appeal within
two weeks from the date of the judgment.] The Rules relating to the fee payable
in the High Court shall be deemed to be the fee payable according to the Appellate
Side Rules of the High Court of Judicature, Andhra Pradesh. In all original side matters and
Company Petitions and Applications and any other matters which may be brought
up and tried, by the High Court as a suit, the fee shall be not less than the
fee prescribed for a suit of similar nature in the trial court and in all
Company Petitions or other applications, the fee shall be not less than Rs.
2,500/- and not more than Rs. 20,000/-. In all matters tried by the Family
Court under the Family Courts Act, no fee shall be fixed, provided however,
that the Court may if it is of the opinion that any party had been put to great
hardship before or during the pendency of the proceedings, direct the
other party to pay costs of not less than Rs. 1,000/- and not more than Rs.
5,000/- depending upon its discretion. 54. The Rules already framed under the
Legal Practitioners Act are hereby repealed. ANDHRA PRADESH
ADVOCATES FEE RULES, 1990
PREAMBLE