Section 29: Amended document

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870

Legal Commentary & Landmark Judgments: Section 29

Section 29 of the Court Fees Act, 1870 provides that where an amended document is filed in court merely to correct a mistake and make it conform to the original intention of the parties, no fresh court fee shall be payable.

  • Amended Document Exemption: Where any document for which a fee is payable is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh fee.
  • Clerical & Typographical Corrections: Applies to amended plaints or petitions correcting party names, typographical errors, or clerical descriptions.
  • Exception: Enhanced Relief Claims: If the amendment introduces new substantive reliefs or enhances the quantum of damages, additional ad valorem court fee must be paid on the difference.
Key Landmark Precedents:
  • Suhrid Singh v. Randhir Singh, (2010) 12 SCC 112: The Supreme Court noted that amendments merely clarifying existing prayers do not attract additional court fee liability under Section 29.
  • S. Rm. Ar. S. Sp. Sathappa Chettiar v. S. Rm. Ar. Rm. Ramanathan Chettiar, AIR 1958 SC 245: Affirmed that formal amendments correcting errors do not constitute fresh filings.
Courtroom Practice & Strategic Litigation Guidance:

When amending a plaint under Order VI Rule 17 CPC to correct clerical misdescriptions of property boundaries, resist registry demands for additional court fees by citing Section 29.