In short. In Delhi, court fee is paid under the Court Fees Act 1870 and suits are valued under the Suits Valuation Act 1887. Money and possession suits pay ad valorem fee on the amount claimed or market value; a bare declaration pays a fixed fee; injunctions are valued by the plaintiff. Suits valued above ₹2 crore go to the Delhi High Court, the rest to district courts.
Valuation is the paragraph at the end of a plaint that most people skip, and it causes more avoidable trouble than almost any other part of a civil suit. A suit valued too low can be returned to the wrong court or the plaint rejected. A suit valued too high wastes money that may not come back. A defendant who spots a valuation error can delay the case by a year on that point alone.
This post explains how valuation works for the common kinds of civil suits in Delhi, which court the value sends you to, and how to fix or recover court fee. It does not cover time limits for filing, which are in our post on limitation periods for civil suits, or the procedure of a suit generally, which is on our civil law practice page.
- Court fee law
- Court Fees Act 1870, as applicable in Delhi
- Valuation law
- Suits Valuation Act 1887, section 8
- District courts in Delhi
- Suits valued up to ₹2 crore
- Delhi High Court original side
- Suits valued above ₹2 crore
- Commercial suits
- Specified value of ₹3 lakh and above
- Refund on settlement
- Full court fee under section 16, Court Fees Act
What is court fee and what is suit valuation?
Court fee is a tax charged by the State for filing a case. In Delhi it is levied under the Court Fees Act 1870 as it applies to the National Capital Territory, and it is paid by e-court fee or court fee stamps filed with the plaint, appeal or application. Some proceedings pay a small fixed fee. Most money and property suits pay ad valorem fee, meaning a fee calculated on the value of what is claimed, in slabs set out in Schedule I to the Act.
Suit valuation is the money value the plaintiff puts on the relief claimed. Order 7 Rule 1(i) of the Code of Civil Procedure requires every plaint to state the value of the subject matter for the purposes of jurisdiction and of court fees. That value decides two things: which court has pecuniary jurisdiction to hear the suit, and how much court fee must be paid.
Section 8 of the Suits Valuation Act 1887 ties the two together. Where court fee is payable ad valorem, the value for jurisdiction and the value for court fee are the same, with a few exceptions for certain land and specific categories. So you cannot value a suit low to pay less fee and high to reach the court you prefer. Whatever figure you choose for one, you live with for the other.
Which court hears your suit in Delhi depends on its value
In Delhi, civil suits valued up to ₹2 crore are filed in the district courts, and suits valued above ₹2 crore go to the original side of the Delhi High Court. The ₹2 crore line was set by the Delhi High Court (Amendment) Act 2015, which moved thousands of suits from the High Court to the district courts. Bar associations have since pressed for the district court limit to be raised further, so check the current figure before filing a suit close to the line.
Inside the district courts, suits are divided by value between Civil Judges and District Judges or Additional District Judges. The Civil Judge's limit has been under revision, with the High Court proposing an increase from ₹3 lakh to ₹20 lakh, so confirm the current notification for a suit at the lower end. Delhi is divided into several judicial districts, and the suit goes to the district court whose territory covers the property or where the defendant lives or the cause of action arose, under sections 16 to 20 of the Code. That is why a suit for a flat in Dwarka goes to the Dwarka courts and a dispute over a Shahdara shop to Karkardooma.
Commercial disputes follow a separate track. A commercial dispute of a specified value of ₹3 lakh or more goes to a commercial court under the Commercial Courts Act 2015: in Delhi, a District Judge (Commercial Court) for values up to ₹2 crore and the Commercial Division of the Delhi High Court above that. Section 12 of that Act has its own rules for specified value, including interest calculated up to the date of filing. Our page on commercial courts in Delhi covers that track.
How each kind of suit is valued for court fee
The basis of valuation depends on the relief, not on what the property is worth to you. These are the common cases.
| Suit | Basis of valuation | Fee | Provision |
|---|---|---|---|
| Recovery of money | Amount claimed, including interest up to filing | Ad valorem | Court Fees Act s.7(i) |
| Possession of a house or plot on title | Market value of the property | Ad valorem | s.7(v) |
| Possession from a tenant (civil suit) | Rent for the year before filing | Ad valorem on that rent | s.7(xi)(cc) |
| Specific performance of an agreement to sell | Amount of the consideration | Ad valorem | s.7(x)(a) |
| Declaration only, no further relief | Not valued in money | Fixed fee | Schedule II, Article 17(iii) |
| Declaration with consequential relief | Plaintiff's valuation of the relief | Ad valorem | s.7(iv)(c) |
| Injunction | Plaintiff's valuation of the relief | Ad valorem | s.7(iv)(d) |
| Partition, plaintiff in joint possession | Plaintiff's valuation of his share | Usually fixed fee | s.7(iv)(b) and case law |
| Partition, plaintiff excluded from possession | Market value of plaintiff's share | Ad valorem | s.7(iv)(b) and case law |
| Cancellation of a deed by the person who signed it | Value of the property or instrument | Ad valorem | Suhrid Singh v Randhir Singh |
| Rendition of accounts | Plaintiff's tentative valuation, made up later | Ad valorem | s.7(iv)(f) |
| Mesne profits | Amount claimed, balance paid on the decree | Ad valorem | s.11 |
Where a suit claims several reliefs, each is valued on its own basis and the fees are added, unless one relief is only consequential to another. A suit for declaration that a sale deed is void, possession and mesne profits therefore carries three valuation paragraphs, not one.
Money suits: what goes into the value
A suit for recovery of money is valued at the amount claimed. That includes the principal and any interest claimed up to the date of filing, which you must calculate and state. Interest claimed for the period during the suit (pendente lite) and after the decree is not added to the value, because the court decides it at the end under section 34 of the Code.
This is also where people go wrong in commercial suits. If you calculate interest to the date of filing, the total may cross ₹3 lakh and make the dispute a commercial one, or cross ₹2 crore and take it to the High Court. Work out the figure carefully before you decide on the court. If the claim is on a cheque, invoice or written contract, a summary suit may suit you better, as explained in our post on recovering money through a summary suit under Order 37; the valuation rules are the same.
Possession suits and market value
A suit for possession of a house, flat or urban plot on the basis of title is valued at the market value of the property on the date of filing, under section 7(v) of the Court Fees Act. Market value means what a willing buyer would pay a willing seller. Delhi's circle rates are a useful floor and are often used as a guide, but they are not binding where the actual market value is clearly higher.
Possession suits are the most expensive kind of civil suit to file, because the fee is on the full value of the property. That is why many plaintiffs try to frame them as injunction suits instead. A court will look at the substance: if the defendant is in possession and you want him out, you must sue for possession and pay on market value. Our post on civil and criminal remedies when someone occupies your property explains the choice of remedy.
A suit against a tenant is different. If the Delhi Rent Control Act 1958 does not cover the premises, for example because the monthly rent is above ₹3,500, the landlord files a civil suit for possession, valued on the rent for the year before filing under section 7(xi)(cc). That is far cheaper than valuing the whole building. Where the Rent Control Act applies, the eviction petition goes to the Rent Controller instead, as explained in our post on a tenant not vacating in Delhi.
Declaration and injunction suits: the plaintiff's own valuation
For a declaration with consequential relief and for an injunction, section 7(iv) lets the plaintiff state the value of the relief, and the court fee follows that figure. This is not a free choice. The valuation must be a reasonable estimate of the relief sought, and a court can step in where it is plainly arbitrary or deliberately low, for example a suit to restrain the sale of a ₹3 crore property valued at ₹200.
A declaration with no further relief pays only a fixed fee under Article 17(iii) of Schedule II. The difficulty is that section 34 of the Specific Relief Act 1963 bars a bare declaration where the plaintiff could have asked for further relief and did not. So a plaintiff out of possession who asks only for a declaration of title, to save court fee, risks having the suit dismissed for not seeking possession.
The Supreme Court drew a clear line for sale deeds in Suhrid Singh v Randhir Singh in 2010. A person who signed a deed and wants it cancelled must pay ad valorem fee on the value of the property or the consideration. A person who did not sign it and wants a declaration that it is void and not binding on him pays the fixed fee for the declaration, but if he is out of possession and also seeks possession, he pays ad valorem fee on the possession relief. Many suits over family property in Delhi turn on which side of that line the plaintiff is on.
Court fee in partition suits
In a partition suit, the court fee depends on whether the plaintiff is in possession. A co-owner is treated as being in joint possession, actual or constructive, of the whole property unless he has been clearly excluded. A plaintiff in joint possession usually pays a fixed court fee on the partition relief. A plaintiff who has been ousted, and must therefore recover possession of his share, pays ad valorem fee on the market value of that share.
Defendants often argue that the plaintiff has been excluded, precisely to raise his court fee. The plaint should therefore state the facts on possession plainly. Living elsewhere does not by itself mean exclusion; a co-owner who lives in another city is still in constructive possession. Our post on a partition suit for ancestral and joint property in Delhi covers the rest of the suit.
The provisions on valuation and court fee
Section 7, Court Fees Act 1870
Sets the method of computing fee for different kinds of suits: money, maintenance, movable property, declarations, injunctions, accounts, possession, pre-emption, specific performance and landlord and tenant suits, among others.
Sections 11 and 12, Court Fees Act 1870
Section 11 deals with suits for mesne profits and accounts: if the decree is for more than the value on which fee was paid, it is not executed until the difference is paid. Section 12 makes the court's decision on the proper fee final between the parties, subject to correction by an appellate or revisional court.
Section 16, Court Fees Act 1870
Where the court refers the parties to one of the modes of settlement in section 89 of the Code, such as mediation, conciliation, arbitration or Lok Adalat, and the dispute is settled, the plaintiff is entitled to a certificate to receive back the full court fee paid on the plaint.
Sections 8 and 11, Suits Valuation Act 1887
Section 8 makes the value for jurisdiction the same as the value for court fee where fee is ad valorem. Section 11 stops an appellate court from setting aside a decree on the ground of over or under valuation unless the objection was taken at the first instance or the valuation prejudiced the decision on merits.
Order 7 Rules 10 and 11 and section 149, Code of Civil Procedure
Rule 10 requires a plaint to be returned for filing in the proper court where the court lacks jurisdiction. Rule 11(b) and (c) require rejection where the relief is undervalued or the court fee is insufficient and the plaintiff does not correct it within the time the court gives. Section 149 lets the court allow deficient court fee to be paid at any stage, and the payment then has the same effect as if paid at the start.
What happens if you undervalue a suit or pay too little court fee?
The court gives you a chance to correct it. If the court finds that the relief is undervalued, it fixes a time for the plaintiff to correct the valuation and pay the extra fee. If the valuation is right but the fee paid is short, it fixes a time to make up the deficit. Only if the plaintiff fails to do so is the plaint rejected under Order 7 Rule 11(b) or (c). Section 149 of the Code gives courts wide discretion to allow the deficit to be paid later, including in appeal.
The bigger risk is jurisdiction. If correcting the value takes the suit above ₹2 crore, the district court must return the plaint under Order 7 Rule 10 for filing in the Delhi High Court, and months of work in the wrong court may be lost. The same happens in reverse when a suit is overvalued to reach the High Court. Courts also frame valuation and court fee as preliminary issues when the defendant raises them, which can delay the trial.
On appeal, section 11 of the Suits Valuation Act protects decrees from technical attack. An appellate court will not set aside a decree only because the suit was undervalued or overvalued, unless the point was raised in the trial court or the error affected the decision on merits. So if you are a defendant and the valuation is wrong, raise it early in the written statement.
Can you get court fee back?
Yes, in some situations. Under section 16 of the Court Fees Act, where the court refers the parties to mediation, conciliation, Lok Adalat or another mode of settlement under section 89 of the Code and the dispute is settled, the plaintiff gets a certificate to receive back the full court fee paid on the plaint. Delhi courts regularly grant such certificates when a suit is settled at the Delhi High Court Mediation and Conciliation Centre or the district court mediation centres.
Section 21 of the Legal Services Authorities Act 1987 makes a similar provision for cases referred by a court and settled in a Lok Adalat. In commercial suits, pre-institution mediation under section 12A of the Commercial Courts Act is held before any suit is filed, so a settlement at that stage avoids court fee altogether. Our page on alternate dispute resolution explains how these routes work.
Court fee is not refunded just because you withdraw a suit, lose it, or settle privately without any reference by the court. If settlement is realistic, ask the court to refer the matter to mediation before you sign terms, so the refund route is open.
How to value a suit and pay court fee in Delhi
This is the order in which a plaint's valuation paragraph is usually worked out.
List every relief
Write down each relief you are asking for: declaration, possession, injunction, money, mesne profits, accounts. Mark which are independent and which only follow from another relief.
Pick the basis for each relief
Apply the right clause of section 7 or Schedule II to each relief using the table above. Note where the plaintiff's own valuation is allowed and make it a reasoned figure, not a token one.
Gather the figures
Collect the amount due with an interest calculation up to the filing date, the agreement price, the rent for the last year, or evidence of market value such as recent sale deeds nearby and the circle rate.
Check the court
Add up the value for jurisdiction and see which court it falls in: Civil Judge, District Judge, commercial court or the Delhi High Court. Check territorial jurisdiction too, by the property's location or the defendant's residence.
Calculate the fee
Apply the current Delhi slabs in Schedule I for ad valorem reliefs and add the fixed fees. Check the current table before filing, since a wrong slab is a common error.
Buy and file
Pay the fee through e-court fee in the exact amount, and file the receipt with the plaint. State the valuation for jurisdiction and court fee in a separate paragraph of the plaint, relief by relief.
A made-up example: valuing a suit over a Dwarka flat
Here's a made-up example. Meena's late father owned a flat in Dwarka. After his death, her brother produced a sale deed under which their father had apparently sold the flat to the brother's friend, who is now living in it. Meena did not sign that deed. She wants a declaration that the deed is void, possession of the flat on behalf of all the heirs, and damages for its use since the friend moved in. The flat's market value is about ₹1.6 crore.
Since Meena did not sign the deed, under Suhrid Singh she can seek a declaration that it is void and not binding on her with a fixed fee. But she is out of possession and wants possession too, so that relief is valued at the market value of the flat, ₹1.6 crore, with ad valorem fee. Her claim for mesne profits is valued at the amount she claims up to filing, with the balance payable if the court later decrees more.
Adding the possession value and the mesne profits claim, the suit stays below ₹2 crore and goes to the Dwarka district court before a District Judge. If the mesne profits claimed had been large enough to take the total above ₹2 crore, the same suit would have had to be filed on the original side of the Delhi High Court.
Court fee on appeals, counterclaims and execution
An appeal from a decree pays court fee on the value of the subject matter in dispute in the appeal, which may be less than the value of the suit if only part of the decree is challenged. The memorandum of appeal must state that value. A defendant who files a counterclaim pays court fee on it as if it were a plaint, and in commercial suits the counterclaim's value also counts for specified value.
Execution petitions for money decrees and possession usually pay a small fee. Applications, vakalatnamas and certified copy applications carry small fixed fees as well, and a Delhi vakalatnama needs the welfare stamp. These amounts are minor, but missing them causes needless objections at the filing counter.
Delhi's court fee rates
Delhi's ad valorem rates are set out in Schedule I to the Court Fees Act as it applies in Delhi. The Court Fees (Delhi Amendment) Act 2012, which had sharply raised court fees, was struck down by the Delhi High Court in 2013, and fees have since been charged on the earlier Delhi schedule. The fee rises with the value of the claim, slab by slab.
We do not print a table here because rates and slabs can be revised by notification, and a wrong slab is worse than none. Ask for the current table, or have your advocate calculate the exact fee before filing. When Advocate B.K. Singh's office prepares a property suit, the valuation paragraph and the fee are worked out at the drafting stage, together with the court, because a change in one changes the other.
Checklist before you file
Run through these points with your advocate before the plaint is signed.
- Each relief claimed has its own valuation and court fee basis, written into the plaint
- Interest up to the filing date is calculated and included in money claims
- Market value of property is supported by recent sale deeds or the circle rate
- Any plaintiff's own valuation for injunction or declaration is reasoned, not a token figure
- The total value for jurisdiction has been checked against the ₹2 crore line and the Civil Judge limit
- Possession facts for a partition suit are clearly pleaded to support the fee paid
- For a commercial dispute, specified value and the section 12A mediation requirement have been checked
- E-court fee receipts are for the exact amount and attached to the plaint
Common mistakes with court fee and valuation
- Framing a possession suit as an injunction to save fee. If the defendant is in possession, an injunction suit will not get you the property back, and the court may refuse it for not seeking possession.
- Token valuations. Valuing a serious injunction at ₹200 invites an objection and an order to revalue. A modest but reasoned figure is safer.
- Forgetting interest. Leaving out pre-suit interest understates the value and can put the suit in the wrong court or out of the commercial track.
- Ignoring Suhrid Singh. A person who signed the deed cannot avoid ad valorem fee by asking only for a declaration that it is void.
- Settling privately when a refund was available. Ask for a reference to mediation or Lok Adalat first, so section 16 of the Court Fees Act applies.
- Not objecting early as a defendant. Valuation objections not raised in the trial court are generally lost on appeal under section 11 of the Suits Valuation Act.
What to do before you file
Before you decide to sue, work out the reliefs you need and what each will cost to claim. Court fee on a possession or specific performance suit can be substantial, and it is paid up front, so it should be part of the decision whether to sue, settle or wait. If settlement is possible, a reference to mediation after filing keeps the refund route open. For an agreement to sell, read our post on specific performance after the 2018 amendment before you value the suit.
A point Advocate B.K. Singh often makes to clients is that the valuation paragraph is drafted once but argued for years if it is wrong, so it deserves the same care as the facts. If you want an advocate to check how your suit should be valued and which court it belongs in, the team of Advocate B.K. Singh can look at the papers through our online legal enquiry, and you can read more about civil suits in Delhi courts.
Frequently asked questions
How is court fee calculated for a civil suit in Delhi?
It depends on the relief. Money, possession and specific performance suits pay ad valorem fee on the amount claimed, the market value or the agreement price, using the slabs in Schedule I of the Court Fees Act as applied in Delhi. A bare declaration pays a fixed fee, and injunctions are valued by the plaintiff.
Which court should I file in if my suit is worth ₹1.5 crore?
A district court in Delhi, since district courts hear suits valued up to ₹2 crore. The suit goes to the district whose territory covers the property, or where the defendant lives or the cause of action arose. Suits above ₹2 crore go to the Delhi High Court.
What is the court fee for an injunction suit in Delhi?
Section 7(iv)(d) of the Court Fees Act lets the plaintiff state the value of the injunction relief, and ad valorem fee is paid on that figure. The valuation must be a reasonable estimate, and the court can order revaluation if it is plainly arbitrary or deliberately low.
What court fee is payable in a partition suit?
If the plaintiff is in joint possession of the property, actual or constructive, a fixed court fee is usually payable. If he has been excluded and must recover possession of his share, he pays ad valorem fee on the market value of that share. The plaint should state the possession facts clearly.
Is court fee refunded if the case is settled?
Yes, if the court refers the parties to mediation, conciliation, Lok Adalat or another mode under section 89 CPC and the dispute is settled, section 16 of the Court Fees Act entitles the plaintiff to a full refund. A private settlement without a court reference does not qualify.
What happens if I paid less court fee than required?
The court will fix a time for you to pay the deficit. If you do not, the plaint can be rejected under Order 7 Rule 11(c) CPC. Section 149 CPC gives the court discretion to allow late payment, and once paid it counts as if paid at the start.
How is a suit for possession of a flat valued?
On the market value of the flat on the date of filing, under section 7(v) of the Court Fees Act. Delhi's circle rates are a useful guide but not binding if the actual market value is higher. A suit against a tenant outside the Rent Control Act is valued on one year's rent instead.
Do I pay ad valorem fee to cancel a sale deed?
If you signed the deed and want it cancelled, yes, on the value of the property or consideration, following Suhrid Singh v Randhir Singh. If you did not sign it, you can seek a declaration that it is void with a fixed fee, but you pay ad valorem fee on any possession relief you also claim.
Is interest included in the value of a recovery suit?
Interest claimed up to the date of filing is included in the value and court fee. Interest during the suit and after the decree is not included, because the court decides it at the end under section 34 CPC. In commercial suits, interest up to filing also counts towards specified value.
Can the defendant object to the valuation of my suit?
Yes, usually in the written statement, and the court may frame it as a preliminary issue. If the objection succeeds, you may have to pay more fee or have the plaint returned to the right court. Objections not taken in the trial court are generally not allowed on appeal under section 11 of the Suits Valuation Act.
How is court fee paid in Delhi courts?
Mostly through e-court fee, an electronic receipt bought for the exact amount and filed with the plaint, appeal or application. Some small fees can still be paid by court fee stamps. Your advocate's office usually arranges the purchase once the valuation is fixed.
What is the court fee for a commercial suit in Delhi?
Commercial suits pay court fee under the same Court Fees Act rules as other suits, based on the relief claimed. What differs is the court: a dispute with a specified value of ₹3 lakh or more goes to a commercial court, and pre-institution mediation under section 12A, where no court fee is paid, is mandatory unless urgent interim relief is sought.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.