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SUITS VALUATION ACT

Ministry of Law and Justice

Act nº 7 of 1887


  • Part I
  • Part II
  • Part III
  • Act nº 7 of 1887

Preamble

THESUITS VALUATION ACT, 1887

[Act,No. 7 of 1887]1

[11thFebruary, 1887]

PREAMBLE

AnAct to prescribe the mode of valuing certain suits for the purpose ofdetermining the jurisdiction of Courts with respect there to.

WHEREASit is expedient to prescribe the mode of valuing certain suits for the purposeof determining the jurisdiction of. Courts with respect thereto; it is herebyenacted as follows:--

1.For Statement of Objectsand Reasons, see Gazette of India, 1886, Part V, page791; for Report of the Select Committee, see ibid., 1887, Part IV, page 18; and for Proceedings in Council, see Gazetteof India.,1886, supplement,pages 1131 and 1155, and Gazetteof India., 1887, Part VI, pages 16 and 21.This Act has been amended in the Punjab by Punjab Acts 1of 1938 and 13 of 1942 and in the U.P. by U.P. Act 7 of 1939 and in Maharashtraby Maharashtra Act 4 of 1960 and repealed in Madras by Madras Act 14 of 1955, inAndhra by Andhra Act 7 of 1956, in Rajasthan by Rajasthan Act 3 of 1958, in its application to Bellary District by MysoreAct 14 of 1955, and in its application to Bombay Area and Coorg District of Mysore by Mysore Act 16 of 1958.ThisAct has been extended to the whole of Madhya Pradesh by the Madhya Pradesh Act23 of 1958.


Section 1. Title and extent

This Act may be called the Suits Valuation Act, 18871[and it extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part BStates].

1. Added by the Adaptation of Laws (No. 2) Order, 1956.


Part I

Section 2. Extent and Commencement of Part I

This Part shall extend to such local areas, and come into force therein on such dated, as the1[State Government], by notification in the Official Gazette directs.2

1. Substituted, Gazette of India,., for "Government of a Part A State or a Part C State".

2. Part I of the Act has, under section 2, been declared to extend to the Punjab and to come into force therein on the 1st day of March, 1889, see Gazette of India, 1889, Part I, Page 107.This Act has been extended to Manipur by Act 68 of 1956 as amending Act 30 of 1950 w.e.f. 1.1.1957.


Section 3. Power for State Government to make rules determining value of land for jurisdictional purposes

(1) The State Government may1[xxx] make rules for determining the value of land for purposes of jurisdiction in the suits mentioned in the Court-fees Act, 1870 (7 of 1870), section 7, paragraphs v and vi and paragraph x, clause (d).

(2) The rules may determine the value of any class of land, or of any interest in land, in the whole or any part of a local area, and may prescribe different values for different places within the same local area.

1. The words "subject to the control of the Governor General in Council" omitted by Government of India (Adaptation of Indian Laws) Order, 1937.This Act has been extended to the Union Territory of Pondicherry by Act 26 of 1968, s. 3 and Schedule.


Section 4. Valuation of relief in certain suits relating to land not to exceed the value of the land

Where a suit mentioned in the Court-fees Act, 1870 (7 of 1870), section 7 paragraph iv, or Schedule II, article 17, relates to land or an interest in land of which the value has been determined by rules under the last foregoing section, the amount at which for purposes of jurisdiction the relief sought in the suit is valued shall not exceed the value of the land or interest as determined by those rules.

Section 5. Making and enforcement of rules

(1) The State Government shall, before making rules under section 3, consult the High Court with respect thereto.

(2) A rule under that section shall not take effect till the expiration of one month after the rule has been published in the Official Gazette.

Section 6. Repeal of section 14 of Madras Civil Courts Act, 1873

On and from the date on which rules under section 3 take effect in any part of the territories under the administration of the Governor of Fort Saint George in Council to which the Madras Civil Courts Act,1873 (3 of 1873) extends, section 14 of that Act shall be repealed as regards that part of those territories.

Part II

Section 7. Commencement of Part II

This Part1[xxx] shall come into force on the 1st day of July, 1887.

1. The words " extends to the whole of India except Part BStates, and " omitted by Adaptation of Laws (No. 2) Order, 1956.


Section 8. Court-fee value and jurisdictional value to be the same in certain suits

Where in suits other than those referred to in the Court-fees Act, 1870 (7 of 1870), section 7, paragraphs v, vi and ix, and paragraph x, clause (d), court-fees are payable ad valorem under the Court-fees Act, 1870, the value as determinable for the computation of court-fees and the value for purposes of jurisdiction shall be the same.

Section 9. Determination of value of certain suits by High Court

When the subject-matter of suits of any class, other than suits mentioned in the Court-fees Act, 1870 (7 of 1870), section 7, paragraphs v and vi, and paragraph x, clause (d) is such that in the opinion of the High Court it does not admit of being satisfactorily valued, the High Court may with the previous sanction of the State Government, direct that suits of that class shall, for the purposes 1[***] of this Act and any other enactment for the time being in force, be treated as if their subject-matter were of such value as the High Court thinks fit to specify in this behalf.

1. Omitted by the Gujarat Court Fees Act, 2004 Prior to omission text read as under: -

" of the Court-fees Act, 1870, and"


Section 10. [Repeal of section 32, Punjab Courts Act, 1884 (18 of 1884)]

Repealed by the Repealing and Amending Act, 1891 (12 of 1891), section 2 and Schedule I, Part I.

Part III

Section 11. Procedure where objection is taken on appeal on revision that a suit or appeal was not properly valued for jurisdictional purposes

(1) Notwithstanding anything in section 578 of the1Code of Civil Procedure (14 of 1882) and objection that by reason of the over-valuation or under-valuation of a suit or appeal a Court of first instance or lower Appellate Court which had no jurisdiction with respect to the suit or appeal exercise jurisdiction with respect thereto shall not be entertained by an Appellate court unless-

(a) the objection was taken in the Court of first instance at or before the hearing at which issues were first framed and recorded, or in the lower Appellate Court in memorandum of appeal to that Court, or

(b) the Appellate Court is satisfied, for reasons to be recorded by it in writing, that the suit or appeal was over-valued or under-valued, and that the over-valuation or under-valuation thereof has prejudicially affected the disposal of the suit or appeal on its merits.

(2) If the objection was taken in the manner mentioned in clause(a)of sub-section(1), but the Appellate Court is not satisfied as to both the matters mentioned in clause (b) of that sub-section and has before it the materials necessary for the determination of the other grounds of appeal to itself, it shall dispose of the appeals as if there had been no defect of jurisdiction in the Court of first instance or lower Appellate Court.

(3) If the objection was taken in that manner and the Appellate Court is satisfied as to both those matters and has not those materials before, it, it shall proceed to deal with the appeal under the rules applicable to the Court with respect to the hearing of appeals; but if it remands the suits or appeal, or frames and refers issues for trial, or requires additional evidence to be taken, it shall direct its order to a Court competent to entertain the suit or appeal.

(4) The provisions of the section with respect to an Appellate Court shall, so far as they can be made applicable, apply to a Court exercising revisional jurisdiction under section 622 of the2Code of Civil Procedure (14 of 1882) or other enactment for the time being in force.

(5) This section3[xxx] shall come into force on the first day of July, 1887.

1. Now section 99 of the Code of Civil Procedure, 1908 (Act 5 of 1908.)

2. Now section 115 of the Code of Civil Procedure, 1908 (Act 5 of 1908.)

3. The words "extends to the whole of India except Part BStates and "omitted by the Adaptation of Laws (No. 2) Order, 1956.