Section 17 of the Court Fees Act 1870 - Multifarious Suits
Section 17 of the Court-Fees Act, 1870 deals with the court fee payable when one suit or appeal embraces two or more distinct subjects. In such a case, the provision requires aggregation of the fees that would have been payable if each distinct subject had been brought separately.
What is Section 17 of the Court Fees Act?
The heading of Section 17 is "Multifarious suits." The provision addresses a plaint or memorandum of appeal containing two or more distinct subjects. Its central rule is that the court fee is calculated by adding the fees that would be payable if those distinct subjects were pursued separately.
Text of Section 17 - Multifarious suits
The statutory footnote in the central Act states: "See now the Code of Civil Procedure, 1908 (Act 5 of 1908)."
Meaning of "multifarious suits"
For the purpose of Section 17, the material question is whether the suit embraces two or more distinct subjects. Where it does, the provision does not treat the combined plaint as attracting only one fee merely because the claims appear in one proceeding. Instead, the fees attributable to the distinct subjects are aggregated.
How court fee is calculated under Section 17
| Situation | A plaint or memorandum of appeal embraces two or more distinct subjects. |
|---|---|
| Method | Determine the fee that would apply to each distinct subject if it were the subject of a separate suit or appeal. |
| Fee payable | Add the separately determined fees. The aggregate is the court fee chargeable under Section 17, subject to the applicable State law and amendments. |
Section 17 and the Code of Civil Procedure
The second part of Section 17 preserves the relevant procedural power under the Code of Civil Procedure. The central text contains an historical reference to "Code of Civil Procedure, section 9" with a footnote directing the reader to the Code of Civil Procedure, 1908. The provision should therefore be read with the current procedural law and with any applicable State amendment rather than treating the old statutory cross-reference in isolation.
Practical points before filing
The nature of each relief, the subject matter of the suit, the valuation provision applicable to that relief, and the State-specific court-fee law may all affect the final amount. A party should therefore identify whether the claims truly concern distinct subjects and then apply the relevant valuation and fee provisions to each component before aggregating the amount where Section 17 applies.
Official legal source
The central Court-Fees Act, 1870 is available through India Code, the official legislative database of the Government of India. State amendments or separate State court-fee enactments should also be checked for the jurisdiction in which the proceeding is filed.
India Code - The Court-Fees Act, 1870Related Court Fees Act provisions
For connected provisions, see the internal links in the sidebar, including Sections 11 to 15 and Sections 18 and 19 of the Court Fees Act, 1870.
Disclaimer: This article is for general legal information. Court-fee requirements can vary by jurisdiction and amendment. Verify the applicable enactment, rules and current court practice before filing.