Order XXXIII Rule 14 CPC - Recovery of Court Fees by Collector
Order XXXIII Rule 14 of the Code of Civil Procedure, 1908 explains how court fees payable under Rules 10, 11 or 11A may be recovered through the Collector when a court has made the relevant order.
Text of Order XXXIII Rule 14 CPC
Where an order is made under rule 10, rule 11 or rule 11A, the Court shall forthwith cause a copy of the decree or order to be forwarded to the Collector who may, without prejudice to any other mode of recovery, recover the amount of court-fees specified therein from the person or property liable for the payment as if it were an arrear of land revenue.
Meaning and scope of Rule 14
Order XXXIII allows qualifying persons without sufficient means to institute civil suits as indigent persons, subject to the requirements of that Order. Permission to sue without paying the court fee at the outset does not necessarily mean that the fee is permanently waived. Rules 10, 11 and 11A identify circumstances in which the court may direct payment or recovery.
Rule 14 is a recovery mechanism. It requires the court to send a copy of the relevant decree or order to the Collector promptly. The Collector may then recover the court fees specified in it from the liable person or property using the process applicable to arrears of land revenue, subject to governing law.
When does Order 33 Rule 14 apply?
Rule 10 - Successful indigent plaintiff
Where an indigent plaintiff succeeds, Rule 10 provides for calculation of the court fees that would otherwise have been paid and identifies the party from whom those fees are recoverable in accordance with the decree.
Rule 11 - Plaintiff fails or permission is withdrawn
Rule 11 deals with specified situations such as failure of the plaintiff in the suit, withdrawal of indigent status, withdrawal of the suit, or dismissal for certain defaults. The court orders the plaintiff or an added co-plaintiff to pay the applicable court fees.
Rule 11A - Abatement following death
Where a suit abates because of the death of the plaintiff or an added co-plaintiff, Rule 11A provides for recovery of the relevant court fees by the State Government from the estate of the deceased plaintiff.
Procedure for recovery of court fees
- Court order: The court makes a decree or order concerning court fees under Rule 10, 11 or 11A.
- Transmission: The court promptly forwards a copy of the decree or order to the Collector.
- Identification of liability: Recovery is directed against the person or property liable under the court's order.
- Collection: The Collector may recover the specified sum as an arrear of land revenue, in accordance with applicable recovery procedures.
Important: Rule 14 does not itself decide who is liable or how much is payable. Those matters follow from the underlying decree or order. The phrase "without prejudice to any other mode of recovery" preserves other legally available recovery methods.
Related provisions and definitions
Order XXXIII Rule 12: Permits the State Government to apply to the court for an order for payment of court fees under Rules 10, 11 or 11A.
Order XXXIII Rule 13: Treats disputes arising between the State Government and a party under Rules 10, 11, 11A or 12 as questions between parties within the meaning of Section 47 CPC.
Section 47 CPC: Generally requires questions relating to execution, discharge or satisfaction of a decree arising between parties to the suit or their representatives to be determined by the executing court rather than by a separate suit.
Collector: The revenue authority empowered under applicable law to pursue recovery in the manner of arrears of land revenue. The detailed procedure can differ according to the relevant State law.
Practical example
Suppose a plaintiff was allowed to sue as an indigent person and the court subsequently orders court fees payable under Rule 11. Under Rule 14, the court forwards its order to the Collector. The Collector may recover the amount specified from the person or property held liable, subject to the applicable revenue recovery process.
Official legal reference
Consult the India Code official legislation portal for the Code of Civil Procedure, 1908 (Act 5 of 1908), including the First Schedule, Order XXXIII. Check any applicable State amendments and local court-fee and revenue-recovery laws before relying on the provision in a particular proceeding.
This article is general legal information, not a substitute for advice on a specific case. The exact court-fee liability and recovery process depend on the decree, applicable amendments and State law.