Gujarat High Court Civil Manual (subordinate court practice), 1960
The following rules made by the High Court under section 42 of the Bombay Civil Courts Act (XIV of 1869) and section 20 of the Court Fees Act, VII of 1870 have been sanctioned by the Government of Bombay :— (i) The fees at present levied for serving and executing processes issued by the High Court in its appellate jurisdiction shall continue to be levied. (ii) The fees chargeable by all other Civil Courts shall be those shown in the appended table subject to a surcharge of 25 per cent. until further orders : Provided that those fees shall be reduced by half where the Court has under rule 1A of Order XVI, permitted service of a summons for the attendance of any person to be effected by a party, and where the service of a bailiff is not required. (iii) The remuneration of bailiffs employed by any Civil Court other than the High Court, in the service and execution of processes shall be as prescribed in Statement I appended to Government Resolution, Home Department, No. 421, dated the 20th September 1923 or by any subsequent Government Resolution amending the same. (iv) When the salary of any bailiffs is paid by the party requiring their services [see Note (xv) below] additional temporary bailiffs may be employed by the Presiding Judge to a number not exceeding that of the men whose salary is thus paid. If no additional men are employed, the amount should be credited to Government. Note (i).—The value of the subject-matter shall be considered to be the market value of the property in dispute. Where the subject-matter is not capable of valuation, the fees are to be levied according to column 9. Note (ii).—In execution proceedings process-fees shall be levied according to the value of the subject-matter in respect of which execution is sought or where the subject-matter is not capable of valuation according to column 9. Note (iii).—In miscellaneous proceedings under the Civil Procedure Code (other than execution proceedings) and proceedings under other Acts, the fees to be levied shall be in accordance with market-value of the subject-matter when it is ascertainable, and when it is not ascertainable according to column 9. Note (iv).— (a) The percentage or poundage leviable under head V of the Table shall be calculated on multiples of Rs. 25 (i.e. a poundage fee of 50 nP. should be levied for every Rs. 25, or part of Rs. 25 realized by the sale up to Rs. 1,000 and in the case of the proceeds of the sale exceeding Rs. 1,000 an additional fee of 25 nP. for every Rs. 25 or part thereof, should be levied). (b) In cases in which several properties are sold in satisfaction of one decree, only one poundage fee, calculated on the gross sale-proceeds, shall be levied, 2 per cent. being charged on the gross proceeds up to Rs. 1,000 and 1 per cent. on such proceeds exceeding Rs. 1,000. (c) The percentage or poundage must be paid (1) in a case where the purchaser is a person other than the decree-holder, at the time of making the application for payment of the proceeds of sale by the court, and (2) in a case where the decree-holder has been permitted to purchase, at the time of the confirmation of sale by the Court or the Collector, as the case may be. The poundage should be recovered in the first instance from the decree-holder who is entitled to recover it ultimately from the judgment-debtor, like all other costs incidental to the execution proceedings and not being costs in respect of which the Court has passed any special order. (Vide Bombay Government Gazette, Part IV-A, for 1936, page 208). Note (v).—Where a summons or notice to a defendant or respondent is to be served by post registered for acknowledgment, the process-fee levied shall in no case be less than the actual amount required for registration and postage. (Vide Bombay Government Gazette, for 1928, Part 1, pages 341-342). Note (vi).—With the sanction of the Court any party may pay the cost of proceeding by railway or any public conveyance where such is available and in such case the process-server shall be bound to proceed by such railway or public conveyance. Note (vii).—For processes applied for and ordered to be executed as emergent, the fee will be the ordinary fee and half as much again. The aforesaid rules which were made applicable to the newly added territories of the Re-organised State of Bombay under High Court Notification No. P. 6326/56, dated 31st March 1959, have been continued to remain in force, and shall be deemed to have been framed under section 32 of the Bombay Court Fees Act, 1959 (Bom. Act No. XXXVI of 1959) with effect from 1st August 1959, provided that the exemptions, if any, already in force in the aforesaid newly added territories of the Re-organised State of Bombay in respect of payment of process fees which are similar to the exemptions granted by the High Court Notification No. PR. 0703/49, dated 17th October 1958, and which were continued by the High Court Notification No. P. 6326/56, dated 31st March 1959, shall also continue to remain in force.