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Section 38: Suits to set aside attachment, etc

The Andhra Pradesh Court-fees and Suits Valuation Act, 1956.State Act of Andhra Pradesh · Act 7 of 1956

(1) In a suit to set aside an attachment by a Civil or Revenue Court of any movable or immovable property or of any interest therein or of any interest in revenue or to set aside an order passed on an application made to set aside the attachment, fee shall be computed on the amount for which the property was attached or on one-fourth of the market value of the property attached, whichever is less.

(2) In a suit to set aside any other summary decision or order of a Civil or Revenue Court, if the subject-matter of the suit has a market value, fee shall be computed on one-fourth of such value, and in other cases, fee shall be payable at the rates specified in section 47.

Explanation - For the purposes of this section, the Registrar of Cooperative Societies shall be deemed to be a Civil Court.

39. Suits for specific performance - In a suit for specific performance, with or without possession, fee shall be payable-

(a) in the case of a contract of sale, computed on the amount of the consideration;

(b) in the case of a contract of mortgage, computed on the amount agreed to be secured by the mortgage;

(c) in the case of a contract of lease, computed on the aggregate amount of the penalty or premium, if any, and of the average of the annual rent agreed to be paid;

(d) in the case of a contract of exchange, computed on the amount of the consideration, or as the case may be, on the market value of the movable property or three-fourths of the market value of the immovable property sought to be taken in exchange;

(e) in other cases, where the consideration for the promise sought to be enforced has a market value, computed on the market value of the movable property or three-fourths of the market value of the immovable property or where such consideration has no market value, at the rate specified in section 47.

Where this provision sits

ActThe Andhra Pradesh Court-fees and Suits Valuation Act, 1956.
Section38
Marginal noteSuits to set aside attachment, etc
JurisdictionState of Andhra Pradesh
StatusIn force as published by the source

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