Tuesday, January 8, 2019

The Suits Valuations Act, 1887


The Suits Valuations Act, 1887
-----------------------------------------------------------
(Act no. 7 of 1887)
CONTENTS
Sections Particulars
Preamble
1 Title and extent
2 Extent and Commencement of Part 1
3 Power for State Government to make rules determining value of land
for jurisdictional purposes
4 Valuation of relief in certain suits relating to land not to exceed the
value of the land
5 Making and enforcement of rules
6 Repeal of section 14 of the Madras Civil Courts Act, 1873
7 Commencement of Part II
8 Court-fee value and jurisdictional value to be the same in certain
suits
9 Determination of value of certain suits by High Court
10 Repeal of Section 32, Punjab Courts Act, 1884 (18 of 1884)
11 Procedure where objection is taken on appeal on revision that a suit
or appeal was not properly valued for jurisdictional purposes
12 Proceedings pending at commencement of Part I or Part II
THE SUITS VALUATION ACT 1887
(Act 7 of 1887)
Preamble
An Act to prescribe the mode of valuing certain suits for the purpose of determining the
jurisdiction of Courts with respect thereto.
WHEREAS it is expedient to prescribe the mode of valuing certain suits for the purpose of
determining the jurisdiction of courts with respect thereto; it is hereby enacted as follows:-
1. Title and extent -
This Act may be called the Suits Valuation Act, 1887 [ and it extends to the whole of India
except the territories which immediately before the 1st November, 1956, were comprised in Part
B States].
2. Extent and Commencement of Part 1 -
This Part shall extend to such local areas, and come into force therein on such dates, as the [State

Government], by notification in the Official Gazette directs.
3. Power for State Government to make rules determining value of land for jurisdictional
purposes -
(1) The State Government may 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), 7, paragraph 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.
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.
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.
6. Repeal of section 14 of the 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 the 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.
7. Commencement of Part II –
This Part shall come into force on the 1st of July, 1887.
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,
paragraph 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.
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, paragraph 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 of the Court-fees Act, 1870, and 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.
10. [Repeal of section 32, Punjab Courts Act, 1884 (18 of 1884)]. –
Repealed by the Repealing and Amending Act, 1891 (!2 of 1891), (12 OF 1891), SECTION 2
AND Schedule 1, Part I.
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 the Code 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 undervaluation
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 he 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 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 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 the
Code of Civil Procedure (14 of 1882) or other enactment for the time being in force.
(5) This section shall come into force on the first day of July, 1887.
12. Proceedings pending at commencement of part I or Part II.-
Nothing in Part I or Part II shall be construed to affect the jurisdiction of any Court-
(a) with respect to any suit instituted before rules under Part I applicable to the valuation
of the suit take effect, or Part II has come into force; as the case may be, or
(b) with respect to any appeal arising out of any such suit.
*****************

No comments:

Post a Comment

When you look at various woman