How are court fees in Odisha worked out, and how do I pay them online?

Court fees in Odisha: the law that applies

Court fees in Odisha are worked out under the Court-fees Act, 1870, as amended in its application to the State by a series of Orissa and Odisha amendment Acts. Court fees are a State subject for courts other than the Supreme Court, so the rates in Odisha are not the same as in other States, and figures quoted on all-India websites are often wrong for Odisha. The basic rule in Section 6 (for district and subordinate courts) and Section 4 (for the High Court) is that a document chargeable with fee cannot be filed or acted on unless at least the proper fee has been paid.

Two other laws matter in civil cases: the Suits Valuation Act, 1887, which links the value for court fee with the value for deciding which court has jurisdiction, and the Code of Civil Procedure, 1908, which says what happens when the fee is short. This guide explains how the fee is worked out; it does not give a rate table, because the current schedules should be checked against the Act as in force in Odisha or with the court's filing section before you file.

Ad valorem and fixed fees

Ad valorem fee rises in slabs with the value of the claim. A fixed fee is the same whatever the value. Which column a document falls under depends on the article of the Schedule that describes it, so the first question in any filing is "which article applies?"

Court fee calculation for a civil suit in Odisha

Section 7 of the Act sets out how the value is computed for common kinds of suits. In outline:

• Money suits (recovery of a loan or dues, damages): on the amount claimed. See money recovery suits.
• Maintenance and annuities: ten times the amount payable for one year.
• Movable property with a market value: its market value on the date the plaint is presented.
• Declaration with consequential relief, injunction, easement, accounts, and a share in joint family property: the amount at which the plaintiff values the relief in the plaint. The court can examine whether that valuation is reasonable.
• Possession of land, houses and gardens: on the value of the subject-matter, computed in the manner Section 7 lays down as it applies in Odisha. Land suits are where valuation is most often challenged, so the basis used should be stated clearly in the plaint.
• Specific performance of a contract of sale: on the amount of the consideration.
• Redemption or foreclosure of a mortgage: on the principal money secured.

A partition suit by a co-sharer who is in joint possession is usually treated differently from one by a co-sharer who has been excluded and must claim possession; see partition suits in Odisha. The plaint must state the valuation for court fee and for jurisdiction (Order VII Rule 1 CPC); see the civil suit process.

Court fee for a succession certificate, probate and letters of administration

A succession certificate under the Indian Succession Act, 1925 carries an ad valorem fee under Schedule I on the amount or value of the debts and securities the certificate covers. The petition is filed first, and the fee on the value is paid before the certificate is issued. Probate of a will and letters of administration are also charged on the value of the estate under Schedule I. The Odisha rate is set by the Act as in force in the State; ask the court's filing section for the current figure on your values. See succession certificate in Odisha and wills and probate.

E court fee in Odisha: paying online

Court fee was traditionally paid with court-fee stamps. After an amendment passed by the Odisha Assembly in 2020 allowed electronic payment, online payment of court fees was enabled for the Orissa High Court and all district courts of Odisha on 5 April 2021. The High Court's standard operating procedures describe two portals:

1. eCourts ePay at pay.ecourts.gov.in. No registration is needed. Choose "Court Fees", select Odisha, the district and the court establishment; for a new case enter the party name, amount, purpose and mobile number, or for a pending case enter the case, filing or CNR number. Verify with an OTP and pay by net banking, debit card or UPI. Print or save the acknowledgement as PDF.
2. Stock Holding (SHCIL) e-court fee at shcilestamp.com. Register once as an online user, add balance, generate the e-court fee receipt with the litigant's name, and print it.

The receipt is attached to the e-filed case or produced at the filing counter. The court then defaces (cancels) it so it cannot be used again. Bank charges for card or net-banking payments, if any, are borne by the payer. A counter at the High Court premises also accepts payment. Court-fee stamps can be used where they are still sold and accepted; check with the filing section of your court.

What happens if the court fee is short

• The court decides questions of valuation when the plaint or appeal is filed (Section 12 of the Act). An appellate court that finds the fee was wrongly fixed can require the extra fee.
• Under Section 149 CPC the court can allow the deficit to be paid within a time it fixes, and the document then has effect as if the fee had been paid at first.
• If the plaint is undervalued or insufficiently stamped and the plaintiff does not correct it within the time allowed, the plaint can be rejected under Order VII Rule 11(b) or (c) CPC.
• The defendant can object to the valuation in the written statement, and this is often decided as a preliminary issue in land suits.

Refunds and exemptions

• Lok Adalat settlement: where a pending case is referred to a Lok Adalat and settled there, the court fee paid is refunded in the manner provided under the Court-fees Act (Section 21 of the Legal Services Authorities Act, 1987). See Lok Adalat and mediation.
• Settlement through Section 89 CPC: Section 16 of the Act provides for a certificate for refund of the full fee on the plaint where the court refers the parties to one of the settlement modes in Section 89.
• Remand on appeal: Section 13 provides for refund of the appeal fee in certain remands.
• Indigent persons: a person who cannot pay the fee can apply to sue as an indigent person under Order XXXIII CPC (and appeal under Order XLIV). If the suit succeeds, the fee can be recovered from the losing side as the court directs.
• Legal aid: eligible people can get an advocate and help with court costs through the District Legal Services Authority; see free legal aid in Odisha.
• Government remission: under Section 35 the State Government can reduce or remit fees by notification. Ask the filing section whether any remission applies to your type of case.

Forums that do not use the Court-fees Act scale

Some bodies in Odisha charge their own fees instead: the District Consumer Commissions (see consumer complaints), the Odisha RERA, and tribunals set up under their own Acts. Revenue officers such as the Tahasildar may still require court fee on petitions; see revenue courts in Odisha.

For civil filings generally, see civil litigation and the courts page.

Frequently asked questions

Official sources

• Court-fees Act, 1870 (India Code)
• Orissa High Court: e-Court Fees SOP (ePay)
• Orissa High Court: e-Court Fees SOP (SHCIL)
• eCourts ePay: online court fee payment
• Code of Civil Procedure, 1908 (India Code)
• Odisha State Legal Services Authority

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.