For
and in respect of service of a process to be issued from the High Court of
Karnataka in its appellate jurisdiction, there shall be payable by the party at
whose instance such process is to be served, a fee of the amount specified in
the Schedule set out below, and such process shall not be issued, served or
executed until such fee shall have been duly paid. Where
several minors are represented by a single guardian, a single process fee shall
be charged for service of notice or summons on such minors. Where a guardian of
a minor party or parties is himself a party to the proceeding, a single process
fee shall be charged for both the minor party or parties and the guardian in
his personal capacity for service of any notice or summons. In
cases where notice is served on a Pleader on behalf of several respondents,
there shall be a single service on payment of a single process fee. Where
in an Appeal or Revision petition against an interlocutory order, if an interim
order is passed by Court on an application made in such an Appeal or Revision
Petition with the direction to issue notice to the respondents in the
application, notices shall issue simultaneously in both the application and the
main case on payment of a single process fee in respect of each respondent
common to both the application and the main case and separate process fee in
respect of respondents who are parties to the main case but not parties to the
application. When
a process either under Item I or Item II of the Table set out in Rule 1 is to
be sent to any country outside India by Air Mail, the amount of fee leviable
shall be 50 np. plus the actual charges required for postal service which shall
be deposited by the party applying for the issue of such process in the shape
of postal stamps. No
process fee shall be charged for notices or summons or other processes issued
in respect of Criminal Appeals or References or Revisions except in cases of
Appeals or Revision Petitions against orders of acquittal at the instance of
private complainants or parties. When process fee is payable in Criminal Cases,
the amount of such fee shall be one half of the amount specified in the Table
set out in Rule 1. No
process fee shall be charged in respect of references by subordinate Civil
Courts where the reference is made by a subordinate Court suo motu; where,
however, such a reference is made on the application of a party, the said party
shall pay the process fee for notices, summons or other processes issued in
respect of such a reference. No
process fee shall be payable in respect of notices issued either to the
Advocate-General of Karnataka or to the Attorney-General of India in respect of
Writ Petitions impugning the validity of any legislation or statutory Rules. No
process fee shall be payable in respect of any notice issued to the
Advocate-General by orders of Court in respect of matters involving questions
relating to Court-fee. No
process fee shall be charged in respect of any notice, summons or other process
issued by the Court of its own motion in any proceeding before it. No
Process Fee shall be payable in respect of cases where legal aid is given or
extended by the Karnataka Legal Aid Board and also in respect of cases where
the Government of Karnataka has to pay Process Fee.PROCESS FEE RULES UNDER THE
KARNATAKA COURT FEES AND SUITS VALUATION ACT, 1958
In exercise of the powers conferred on it by Section 77 of the Karnataka Court
Fees and Suits Valuation Act, 1958 (Act 16 of 1958), the High Court of
Karnataka makes the following Rules to regulate the fees payable for serving
and executing processes issued by the High Court in its Appellate Jurisdiction
and the same are, after confirmation by the State Government.