16

designated Court-fee Examiners to inspect the records of subordinate courts with a view
to examine the correctness of representations made to, and orders passed by, courts on
questions relating to valuation of subject-matter and sufficiency of fee in respect of
proceedings in such courts.
(2) Questions raised in reports submitted by such Court-fee Examiners and relating
to any suit, appeal or other proceeding pending in a court shall be heard and decided by
such court; and for the avoidance of doubt it is hereby declared that in hearing and
deciding a question raised in any such report, it shall be lawful for the court to review an
earlier decision given by the court on the same question.

18. Inquiry and commission.- For the purpose of deciding whether the subject-
matter of a suit or other proceeding has been properly valued or whether the fee paid is
sufficient, the court may hold such inquiry as it considers proper and may, if it thinks fit,
issue a commission to any proper person directing him to make such local or other
investigation as may be necessary and to report thereon to the court.

19. Notice to the State Government.- In any inquiry relating to the fee payable on a
plaint, written statement, petition, memorandum of appeal or other document, or to the
valuation of the subject-matter of the claim to which the plaint, written statement,
petition, memorandum of appeal or other document relates, in so far as such valuation
affects the fee payable, the court may, if it considers it just or necessary to do so, give
notice to the State Government together with a copy of any of the documents aforesaid;
and where such notice is given, the State Government shall be deemed to be a party to
the suit or other proceeding as respects the determination of the question or questions
aforesaid; and the court’s decision on such question or questions shall, when it passes a
decree or final order in such suit or proceeding, be deemed to form part of such decree
of final order.
CHAPTER IV
COMPUTATION OF FEE
20. Fee how reckoned.- The fee payable under this Act shall be determined or
computed in accordance with the provisions of this Chapter, Chapter VI, Chapter VIII
and Schedules I and II.

21. Suits for money.- In a suit for money (including a suit for damages or
compensation, or arrears of maintenance, of annuities, or of other sums payable
periodically), fee shall be computed on the amount claimed.

22. Suits for maintenance and annuities.- In the suits hereinafter mentioned, fee
shall be computed as follows:—
(a) in a suit for maintenance, on the amount claimed to be payable for one year;
(b) in a suit for enhancement or reduction of maintenance, on the amount by which
the annual maintenance is sought to be enhanced or reduced;
(c) in a suit for annuities or other sums payable periodically, on five times the amount
claimed to be payable for one year:
 17

Provided that, where the annuity is payable for less than five years, the fee shall be
computed on the aggregate of the sums payable:
Provided further that a suit for enhancement of maintenance shall be instituted in a
court which will have jurisdiction to receive a suit for maintenance at the enhanced rate
claimed and one for reduction of maintenance shall be instituted in a court which will
have jurisdiction to receive a suit for maintenance at the rate which is sought to be
reduced.

23. Suits for movable property.- (1) In a suit for movable property other than
documents of title, fee shall be computed,—
(a) where the subject-matter has a market value, on such value; or
(b) where the subject-matter has no market value, on the amount at which the relief
sought is valued in the plaint:
Provided that where the suit is for goods pledged as security for payment of a debt,
the fee shall be computed on the amount of debt.
(2) (a) In a suit for possession of documents of title, fee shall be computed on one-
eighth of the amount or of the market value of the property secured by the document,
(i) where the plaint alleges denial of the plaintiff’s title to the money or the
property secured by the document, or
(ii) where an issue is framed regarding the plaintiff’s title to the money or the
property secured by the document:
Provided that where the allegation in the plaint or the issue framed relates only to a
portion of the amount or property, fee shall be computed on one-eighth of such portion
of the amount or on one-eighth of the market value of such portion of the property.
(b) In a suit for possession of documents of title where the plaintiff’s title to the
money or the property secured by the document is not denied, fee shall be computed on
the amount at which the relief sought is valued in the plaint.
Explanation.—The expression “document of title” means a document which
purports or operates to create, declare, assign, limit or extinguish, whether in present or
in future, any right, title or interest, whether vested or contingent, in any property.

24. Suits for declaration.- In a suit for a declaratory decree or order, whether with
or without consequential relief, not falling under section 25,-
(a) where the prayer is for a declaration and for possession of the property to which
the declaration relates, fee shall be computed on the market value of the property or on
1
[rupees one thousand]1, whichever is higher;
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
(b) where the prayer is for a declaration and for consequential injunction and the
relief sought is with reference to any immovable property, fee shall be computed on one-
half of the market value of the property or on 1[rupees one thousand]1, whichever is
higher;
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
1 1
[(c) x x x]
1. Omitted by Act 13 of 1982 w.e.f. 1.4.1982.
 18

(d) in other cases, whether the subject matter of the suit is capable of valuation or
not, fee shall be computed on the amount at which the relief sought is valued in the
plaint or on 1[rupees one thousand]1 whichever is higher.
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.

25. Adoption suits.- In a suit for a declaration in regard to the validity or invalidity
of an adoption or the factum of an adoption, fee shall be payable at the following
rates:—
1
(a) [x x x]1 In a Court of 2[Civil Judge
(Junior Division)]2 1[x x x]1 when the Rupees Twenty-five.
market value of the property
involved in or affected by the relief
does not exceed Rs. 5,000.
1. Omitted by the Karnataka Adapted by the Karnataka Adaptations of Laws Order, 1973
w.e.f. 1.11.1973.
2. Substituted by Act 16 of 1996 w.e.f. 21.9.1996.
(b) (i) In the Court of 1[Civil Judge (Junior Rupees one hundred if the
Division)]1 when the market value of mar-ket value of the
the property involved in or affected property involved in or
by the relief exceeds Rs. 5,000, and affected by the relief is Rs.
above Rs. 15,000. 15,000 or less and rupees
two hundred and fifty if it is
(ii) In any Court other than the Courts
specified in (a) 2[xxx]2.
1. Substituted by Act 16 of 1996 w.e.f. 21.9.1996.
2. Omitted by the Karnataka Adapted by the Karnataka Adaptations of Laws
Order, 1973 w.e.f. 1.11.1973.

26. Suits for injunction.- In a suit for injunction,—

(a) where the relief sought is with reference to any immovable property, and
(i) where the plaintiff alleges that his title to the property is denied, or
(ii) where an issue is framed regarding the plaintiff’s title to the property,
-fee shall be computed on one-half of the market value of the property or on
1
[rupees one thousand]1, whichever is higher;
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.
1 1
[(b) x x x]
1. Omitted by Act 13 of 1982 w.e.f. 1.4.1982.
(c) in any other case, whether the subject-matter of the suit has a market value or
not, fee shall be computed on the amount at which the relief sought is valued in the
plaint or on rupees 1[one thousand]1, whichever is higher.
1. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.

27. Suits relating to trust property.- In a suit for possession or joint possession of
trust property or for a declaratory decree, whether with or without consequential relief in
respect of it, between trustees or rival claimants to the office of trustee or between a
trustee and a person who has ceased to be trustee, fee shall be computed on one-fifth of
the market value of the property subject to a maximum fee of rupees two hundred or
 19

where the property has no market value, on rupees one thousand:

Provided that, where the property does not have a market value, value for the purpose of
determining the jurisdiction of courts shall be such amount as the plaintiff shall state in
the plaint.
Explanation.- For the purpose of this section, property comprised in a Hindu, Muslim
or other religious or charitable endowment shall be deemed to be trust property and the
manager of any such property shall be deemed to be the trustee thereof.

28. Suits for possession under the Specific Relief Act, 1877.- In a suit for
possession of immovable property under section 9 of the Specific Relief Act, 1877
(Central Act I of 1877), fee shall be computed on one-half of the market value of the
property or on 1[rupees one thousand]1, whichever is higher.
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.

29. Suits for possession not otherwise provided for.- In a suit for possession of
immovable property not otherwise provided for, fee shall be computed on the market
value of the property or on 1[rupees one thousand]1, whichever is higher.
1. Substituted by Act 13 of 1982 w.e.f. 1.4.1982.

30. Suits relating to easements.- In a suit relating to an easement, whether by the

dominant or the servient owner, fee shall be computed on the amount at which the relief
sought is valued in the plaint, which amount shall in no case be less than rupees 1[one
thousand]1:
1. Substituted by Act 21 of 1979 w.e.f. 31.3.1979.
Provided that, where compensation is claimed besides other relief relating to such
easement, fee shall be paid on the amount claimed as compensation in addition to the
fee payable on such other relief.

31. Pre-emption suits.- In a suit to enforce a right of pre-emption, fee shall be

computed on the amount of the consideration for the sale which the pre-emptor seeks to
avoid or on the market value, whichever is less.

32. Suits relating to mortgages.- (1) In a suit to recover the money due on a
mortgage, fee shall be computed on the amount claimed.
Explanation.—It is immaterial that sale of the mortgaged property is not prayed for.
(2) Where, in such a suit, the holder of a prior mortgage or charge is impleaded and
he prays in his written statement that the amount due on his mortgage or charge be
determined and that the decree contain, a direction for the payment of such amount to
him, fee shall be payable on the written statement computed on the amount claimed:
Provided that, where the holder of the mortgage or charge has paid a fee in any other
proceeding on the claim to which his written statement relates credit shall be given for
the fee paid by him in such other proceeding.
(3) Where, in such a suit, the mortgaged property is sold and the holder of a prior or
subsequent mortgage or charge applies for payment to him, out of the sale proceeds, of
the amount due on his mortgage or charge, such holder of the prior or subsequent
mortgage or charge shall pay on his application a fee computed on the amount claimed
 20

by him:
Provided that, where such holder of the mortgage or charge is a party to the suit in
which the sale was held and has paid fee on the written statement filed by him in the
suit, no fee shall be payable by him on the application for payment out of the sale
proceeds:
Provided further that, where the holder of the mortgage or charge, not being a party
to the suit in which the sale is held, has paid a fee in any other proceeding on the claim
to which his application relates, credit shall be given for the fee paid by him in such other
proceeding.
(4) In a suit by a co-mortgagee for the benefit of himself and the other co-
mortgagees, fee shall be computed on the amount claimed on the entire mortgage:
Provided that, where a co-mortgagee impleaded as defendant in such suit claims on
the entire mortgage a larger sum than is claimed in the plaint, the difference between the
fee computed on the entire sum claimed in such defendant’s written statement and the
fee computed on the entire sum claimed in the plaint shall be payable on the written
statement.
Explanation.—Nothing in this sub-section shall be construed as affecting the law of
limitation.
(5) (a) In a suit by a sub-mortgagee to recover the amount claimed on the sub-
mortgage by sale of the mortgagee’s interest in the mortgaged property, fee shall be
computed on the amount claimed under the sub-mortgage.
(b) In a suit by a sub-mortgagee, if the prayer is for the sale of the property
mortgaged to the original mortgagee and the original mortgagor is also impleaded as a
defendant, fee shall be computed on the entire amount claimed on the original mortgage
which is sub-mortgaged to him.
(6) Where the holder of a prior or subsequent mortgage or charge is impleaded in a
suit by a co-mortgagee to which sub-section (4) applies, or in a suit by a sub-mortgagee
to which sub-section (5) applies, the provisions of sub-sections (2) and (3) shall apply
mutatis mutandis to a written statement or an application filed by such holder of
mortgage or charge.
(7) Where the original mortgagee who is impleaded in a suit to which the provisions
of sub-section (5) (b) apply claims on the mortgage sub-mortgaged by him a larger
amount than is claimed in the plaint, the provisions of sub-section (4) shall apply mutatis
mutandis to the written statement of such mortgagor.
(8) In a suit against a mortgagee for redemption of a mortgage, fee shall be
computed on the amount due on the mortgage as stated in the plaint or on one-fourth of
the principal amount secured under the mortgage, whichever is higher:
Provided that, where the amount due on the mortgage is found to be more than the
amount on which fee has been paid by the plaintiff, no decree shall be passed until the
deficit fee is paid:
Provided further that, in the case of a usufructuary or anomalous mortgage, if the
plaintiff prays for redemption as well as for accounts of surplus profits, fee shall be levied
separately on the relief for accounts as in a suit for accounts.
(9) In a suit by a mortgagee to foreclose the mortgage or, where the mortgage is
made by conditional sale, to have the sale declared absolute, fee shall be computed on
the amount claimed in the plaint by way of principal and interest.
 21

33. Suits for accounts.- (1) In a suit for accounts, fee shall be computed on the
amount sued for as estimated in the plaint.
(2) Where the amount payable to the plaintiff as ascertained in the suit is in excess of
the amount as estimated in the plaint, no decree directing payment of the amount as so
ascertained shall be passed until the difference between the fee actually paid and the
fee that would have been payable had the suit comprised the whole of the amount so
ascertained, is paid. If the additional fee is not paid within such time as the Court may
fix, the decree shall be limited to the amount to which the fee paid extends.
(3) Where in any such suit it is found that any amount is payable to the defendant, no
decree shall be passed in his favour until he pays the fee due on the amount.

34. Suits for dissolution of partnership.- (1) In a suit for dissolution of partnership
and accounts or for accounts of dissolved partnership, fee shall be computed on the
value of the plaintiff’s share in the partnership as estimated by the plaintiff.
(2) If the value of the plaintiff’s share as ascertained in the suit exceeds the value as
estimated in the plaint, no decree, or where there has been a preliminary decree, no final
decree, shall be passed in favour of the plaintiff, no payment shall be made out of the
assets of the partnership and no property shall be allotted as for the plaintiff’s share, until
the difference between the fee actually paid and the fee that would have been payable
had the suit comprised the whole of the value so ascertained, is paid.
(3) No final decree shall be passed, no money shall be paid and no allotment of
property shall be made in favour of a defendant in any such suit as, for or on account of,
his share of the assets of the partnership, until the fee computed on the amount or value
of his share of the assets of the partnership is paid.

35. Partition suits.- (1) In a suit for partition and separate possession of a share of
joint family property or of property owned, jointly or in common, by a plaintiff whose title
to such property is denied, or who has been excluded from possession of such property,
fee shall be computed on the market value of the plaintiff’s share.
(2) In a suit for partition and separate possession of joint family property or property
owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee
shall be paid at the following rates:—
Rupees fifteen if the value of plaintiff’s share is Rs. 3,000 or less;
Rupees thirty if the value is above Rs. 3,000 but not more than Rs.
5,000.
Rupees one hundred if the value is above Rs. 5,000 but below Rs.
10,000 and Rupees two hundred if the value is Rs. 10,000 and above.
(3) Where, in a suit falling under sub-section (1) or sub-section (2), a defendant
claims partition and separate possession of his share of the property, fee shall be
payable on his written statement computed on half the market value of his share or at
half the rates specified in sub-section (2), according as such defendant has been
excluded from possession or is in joint possession.
(4) Where, in a suit falling under sub-section (1) or sub-section (2), the plaintiff or the
defendant seeks cancellation of decree or other document of the nature specified in
section 38 separate fee shall be payable on the relief of cancellation in the manner
 22

specified in that section.

36. Suits for joint possession.- In a suit for joint possession of joint family
property or of property owned, jointly or in common, by a plaintiff who has been excluded
from possession, fee shall be computed on the market value of the plaintiff’s share.

37. Administration suits.- (1) In a suit for the administration of an estate, fee shall
be levied on the plaint at the rates specified in section 47.
(2) Where any amount or share or part of the assets of the estate is found due to the
plaintiff, and the fee computed on the amount or the market value of such share or part
of the assets exceeds the fee paid on the plaint, no payment shall be made and no
decree directing payment of money or confirming title to such share or part of the assets
shall be passed until the difference between the fee actually paid and the fee computed
on the amount or value of the property is paid.
(3) No payment shall be made, no decree directing payment of money or confirming
title to any share or part of the assets of the estate shall be passed in favour of a
defendant in a suit for administration, until the fee computed on the amount or value of
such share or part of such assets is paid by such defendant.
(4) In computing the fee payable by a plaintiff or by a defendant under sub-section
(2) or sub-section (3), credit shall be given for the fee if any, paid by such plaintiff or by
such defendant in any other proceeding in respect of the claim on the basis of which
such amount or share or part of the assets of the estate becomes due to such plaintiff or
to such defendant.

38. Suits for cancellation of decrees, etc.- (1) In a suit for cancellation of a decree
for money or other property having a money value, or other document which purports or
operates to create, declare, assign, limit or extinguish, whether in present or in future,
any right, title or interest in money, movable or immovable property, fee shall be
computed on the value of the subject-matter of the suit, and such value shall be deemed
to be,—
if the whole decree or other document is sought to be cancelled, the amount or value
of the property for which the decree was passed or other document was executed;
if a part of the decree or other document is sought to be cancelled, such part of the
amount or value of the property.
(2) If the decree or other document is such that the liability under it cannot be split up
and the relief claimed relates only to a particular item of property belonging to the
plaintiff or to the plaintiff’s share in any such property, fee shall be computed on the
value of such property or share or on the amount of the decree, whichever is less.
Explanation 1.- A suit to set aside an award shall be deemed to be a suit to set
aside a decree within the meaning of this section.
Explanation 2.- In a suit for cancellation of a decree and possession of any property,
the fee shall be computed as in a suit for possession of such property.

39. Suits to set aside attachment, etc.- (1) In a suit to set aside an attachment by a
civil or revenue court of any property, movable or immovable, or of any interest therein
or of any interest in revenue, or to set aside an order passed on an application made to
 23

set aside the attachment, fee shall be computed on one-fourth of the market value of the
attached property in respect of which the suit is instituted or on the amount for which the
property was 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 purpose of this section, the Registrar of Co-operative
Societies shall be deemed to be a civil court.

40. Suits for specific performance.- In a suit for specific performance, whether 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 fine
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 property sought to be
got in exchange;
(e) in other cases, where the consideration for the promise sought to be enforced
has a market value, computed on such market value or where such consideration has no
market value, at the rates specified in section 47.

41. Suits between landlord and tenant.- (1) In the following suits between landlord
and tenant in civil courts, namely:—
(a) for the delivery by a tenant of the counterpart of a lease or for acceptance of
patta in exchange for a much alike;
(b) for enhancement of rent;
(c) for the delivery by a landlord of a lease or for obtaining a patta in exchange for a
much alike;
(d) for recovering occupancy of immovable property from which a tenant has been
illegally ejected by the landlord;
(e) for establishing or disproving a right of occupancy;
fee shall be levied on the amount of rent for the immovable property to which the suit
relates, payable for the year next before the date of presenting the plaint.
(2) In a suit for recovery of immovable property from a tenant including a tenant
holding over after the termination of a tenancy, fee shall be computed on the premium, if
any, and on the rent payable for the year next before the date of presenting the plaint.
Explanation.- Rent includes also damages for use and occupation payable by a
tenant holding over.

42. Suits for mesne profits.- (1) In a suit for mesne profits or for immovable
property and mesne profits, fee shall in respect of mesne profits be computed, where
the amount is stated approximately and sued for, on such amount. If the profits
ascertained to be due to the plaintiff are in excess of the profits as approximately
 24

estimated and sued for no decree shall be passed until the difference between the fee
actually paid and the fee that would have been payable had the suit comprised the
whole of the profits so ascertained is paid.
(2) Where a decree directs an enquiry as to the mesne profits which have accrued
on the property, whether prior or subsequent to the institution of the suit, no final decree
shall be passed till the difference between the fee actually paid and the fee which would
have been payable had the suit comprised the whole of the profits accrued due till the
date of such decree is paid.
(3) Where, for a period subsequent to the date of the decree or final decree, such
decree or final decree directs payment of mesne profits at a specified rate, such decree
or final decree shall not be executed until the fee computed on the amount claimed in
execution has been paid.

43. Suits to alter or cancel entry in revenue registers and certain suits in
revenue courts.- (1) In a suit to alter or cancel any entry in a revenue or survey
registers or records of the names of proprietors of revenue-paying estate, the fee
payable shall be 1[fifty rupees]1.
1. Substituted by Act 7 of 1996 w.e.f. 28.3.1996.
(2) In suits in revenue courts relating to a village office, the fee payable shall be 1[fifty
rupees]1.
1. Substituted by Act 7 of 1996 w.e.f. 28.3.1996.
1 1
(3) [xxx]
(4) 1[xxx]1
1. Omitted by Act 10 of 2003 w.e.f. 1.4.2003.

44. Suits relating to public matters.- In a suit for relief under section 14 of the
Religious Endowments Act, 1863 (Central Act XX of 1863), or under section 91 or
section 92 of the Code of Civil Procedure, 1908 (Central Act V of 1908), 1[or under
section 50 of the Bombay Public Trusts Act, 1950 (Bombay Act XXIX of 1950)]1 the fee
payable shall be fifty rupees.
1. Inserted by Act 13 of 1981 w.e.f. 1.1.1976.

45. Interpleader suits.- (1) In an interpleader suit, fee shall be payable on the
plaint at the rates specified in section 47.
(2) Where issues are framed as between the claimants, fee shall be payable
computed on the amount of the debt or the money or the market value of other property,
movable or immovable, which forms the subject-matter of the suit. In levying such fee,
credit shall be given for the fee paid on the plaint; and the balance of the fee shall be
paid in equal shares by the claimants who claim the debt or the sum of money or the
property adversely to each other.
(3) Value for the purpose of determining the jurisdiction of courts shall be the amount
of the debt, or the sum of money or the market value of other property to which the suit
relates.

46. Third party proceedings.- In third party proceedings, fee shall be levied on
one-half of the value of the contribution or indemnity claimed against a third party or
against a co-defendant if a claim is made against him:
 25

Provided that, if the suit against the defendant who has filed the third party notice is
dismissed, wholly or in part, he shall be entitled to a refund of the whole or a
proportionate part of the fee paid by him.
Explanation.- The provisions of this section shall also apply to counter claims made
in third party proceedings.

47. Suits not otherwise provided for.- In suits not otherwise provided for, fee shall
be payable at the following rates:—
1
(i) In a Revenue Court [Rupees Fifty.]1
(ii) In any Civil Court Rupees twenty if the value of the
subject matter is Rs. 5,000 or
less; rupees one hundred if the
value is above Rs. 5,000 but
below Rs. 10,000; and rupees two
hundred if the value is Rs. 10,000
and above.
1. Substituted by Act 7 of 1996 w.e.f. 28.3.1996.

48. Fee on memorandum of appeal against 1[decision, award or order]1 relating

to compensation.- The fee payable under this Act on a memorandum of appeal against
1
[a decision or an award or order]1 relating to compensation under any Act for the time
being in force for the acquisition of property for public purposes shall be computed on
the difference between the amount awarded and the amount claimed by the
2
[appellant.]2
3
[Explanation.- For the purpose of this section the expressions of “amount awarded”
and “amount claimed” include any other additional sum payable in accordance with the
law providing for acquisition in consideration of the compulsory nature of the
acquisition.]3
1. Substituted by Act 11 of 1969 w.e.f. 22.5.1969.
2. Substituted by Act 15 of 1998 w.e.f. 28.5.1998.
3. Inserted by Act 80 of 1976 w.e.f. 15.8.1960..

49. Appeals.- 1[Save as provided in section 48, the fee payable]1 in an appeal shall
be the same as the fee that would be payable in the court of first instance on the subject
matter of the appeal:
Provided that, in levying fee on a memorandum of appeal against a final decree by a
person whose appeal against the preliminary decree passed by the court of first instance
or by the court of appeal is pending, credit shall be given for the fee paid by such person
in the appeal against the preliminary decree.
1. Substituted by Act 11 of 1969 w.e.f. 22.5.1969.
Explanation (1).- Whether the appeal is against the refusal of a relief or against the
grant of the relief, the fee payable in the appeal shall be the same as the fee that would
be payable on the relief in the court of first instance.
Explanation (2).- Costs shall not be deemed to form part of the subject matter of the
appeal except where such costs form themselves the subject matter of the appeal or
relief is claimed as regards costs on grounds additional to, or independent of, the relief