Code of Civil Procedure, 1908 | Court communications

Section 143 CPC: Postage for Court Notices, Summons and Letters

Section 143 of the Code of Civil Procedure, 1908 addresses when postage and registration fees must be paid for court communications sent by post, and the State Government's power to remit those charges or prescribe court-fees in their place.

Section 143 CPC - Statutory text

143. Postage. Postage, where chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed before the communication is made:

Provided that the State Government may remit such postage, or fee, or both, or may prescribe a scale of court-fees to be levied in lieu thereof.

The provision reproduced above retains the complete operative rule and its proviso from the supplied page. For the authoritative statute and amendments, consult the India Code official legislation portal. Local court rules and State Government notifications may affect how the charges are collected.

Meaning of Section 143 CPC

What does "postage" mean?

In this section, postage means the postal charge applicable when a notice, summons or letter issued under the CPC is sent by post. The section applies where postage is chargeable; it does not itself impose a fixed nationwide rate.

What is the registration fee?

The registration fee is the additional charge for registering a postal communication, where that service and charge apply. Section 143 expressly includes the fee for registering the communication.

What are a summons and a notice?

A summons is a formal court process requiring a person to appear or take a procedural step as directed. A notice communicates information or a direction in proceedings. A letter may also be issued under the Code. Section 143 concerns the postal costs of such communications, not their substantive validity.

Payment before the communication is made

When postage or registration fees are chargeable, they must be paid within the time fixed before the communication is made. The section does not specify a universal number of days. Parties should comply with the deadline set by the court or applicable procedural rules.

State Government powers under the proviso

The State Government may (i) remit postage, (ii) remit the registration fee, (iii) remit both, or (iv) prescribe a scale of court-fees in their place. Whether any remission or substitute court-fee applies in a particular State must be determined from the relevant notification or rules.

Practical application in civil proceedings

Suppose a court directs that a summons be sent by registered post and requires the concerned party to deposit applicable postal charges by a specified date. Section 143 supplies the general statutory framework for timely payment of those charges. The party should check the court's order and local filing or process-fee requirements before depositing the amount.

Check the court's direction: Identify whether postal dispatch, registration and any process fee have been ordered.
Confirm the amount: Follow the rates, fee schedule and procedures applicable in that court; Section 143 states no fixed rupee amount.
Meet the deadline: Pay chargeable postage and registration fees within the time fixed before the communication is made.
Keep proof: Preserve receipts or acknowledgments as required by the court's rules.
Check exemptions: Do not assume a remission exists without checking the relevant State Government notification.

Failure to deposit required charges can delay dispatch or service of a court communication. The procedural consequences depend on the circumstances, the court's orders and applicable rules; Section 143 itself does not prescribe a universal penalty.

Order V CPC contains rules relating to the issue and service of summons, including provisions concerning service by post and other permitted modes, subject to amendments and applicable court rules. Order XVI CPC addresses summoning witnesses. These provisions should be read with Section 143 when deciding how a particular summons is issued or served.

Section 142 CPC requires orders and notices served on or given to a person under the Code to be in writing. Section 141 CPC addresses application of suit procedure to certain civil proceedings. Section 149 CPC concerns the court's power regarding deficient court-fees; it should not be confused with the postal-charge rule in Section 143.

For authoritative text, visit India Code. For court-specific practice, consult the relevant High Court's published civil rules and State Government fee notifications. Postal service methods, including any permitted electronic processes, must be evaluated under the applicable procedural provisions rather than assumed from Section 143 alone.

Frequently asked questions

What does Section 143 CPC regulate?

It deals with postage and registration fees chargeable when a notice, summons or letter under the CPC is forwarded by post.

When must postage be paid under Section 143?

Where chargeable, postage and registration fees must be paid within the time fixed before the communication is made.

Can a State Government waive postage or registration fees?

Yes. The proviso empowers the State Government to remit postage, the registration fee, or both.

Can court-fees replace postal charges?

The proviso permits the State Government to prescribe a scale of court-fees in lieu of postage or registration fees.

Does Section 143 prescribe the method of service?

No. Section 143 concerns payment of charges. The permissible methods and proof of service are governed by the relevant CPC provisions, court rules and applicable directions.

This article is general legal information. The applicable court rules, orders and State Government notifications should be checked for current fees and service requirements.