Updated: Thursday January 14, 2010/AlKhamis Muharram 29, 1431/Bruhaspathivara Pausa 24, 1931, at 07:12:20 PM
1. The Suit Valuation Act (III) of 1887 (as amended upto date).
1. The Court Fees Act and the Suits Valuation Act by Raja Said Akbar Khan.
The valuation of a suit for jurisdictional purposes under the Suits Valuation Act is perfectly distinct from its valuation for fiscal purposes of Court fee, the one depending on the value of the subject mater and the other on a certain value fixed by statutory rules. This Suits Valuation Act and the Court Fees Act are not in pari materia. They cannot be treated as forming a code and read together. The former being an Act fixing the value for the purposes of jurisdiction and the matter being a fiscal enactment prescribing rules to determine the value of suit for the purposes of Court fee.
The valuation for purposes of Court fee should be determined first and that for purposes of jurisdiction must follow on the same.
Court fee value and jurisdictional value to be the same in certain suits u/s 8: This law prescribes that the value of both Court fee and suit valuation should be the same in certain cases as provided u/s 7 of the Court Fees Act.
The valuation for the purposes of Court fee should be determined first and that for the purposes of jurisdiction must follow in the same.
The plaintiff cannot, therefore, give one valuation for the purposes of Court fee, and another valuation for jurisdiction, where these should be the same. He is not entitled to put a higher valuation for the purposes of jurisdiction and a lower valuation for purposes of Court fee. Where he does this, the value for the purposes of Court fees is to be taken, despite anything to the contrary in the plaint, as the value for the purposes of jurisdiction.
This section applies to the appellate courts as well as to the lower courts. But it cannot be applied to cases in which separate relief, no one of which exceeds the value of the property in suit, are claimed in the alternative in respect of that property.
Determination of value of certain suits by High Court u/s 9: The term of this section permit of the re-valuation of the suit of the class contained in Article 17(v), Schedule II, Court Fees Act, and there can be no question that the valuation of Rs. 10/- fixed under that Article is an arbitrary one and so it is intra vires for the High Court, with the previous sanction of the Provincial Government, to have laid down the rule contained in Notification.
Objects and purpose of valuation: Following can be put as objects and purpose of the Valuation:
1. Proper forum:
2. Speedy justice:
3. Expert forum:
4. Avoid rush:
7. Protection of right:
8. Awareness of people:
9. Removal of defects of jurisdiction:
10. Saving of appeal right:
11. Time saving:
12. Award on rights of people:
13. Punishment on sleep:
Object on pecuniary jurisdiction u/s 11:
1. Primary object: It should be decided at original level.
2. Instantly objection: Before going into issues.
3. In the lower appellate Court:
4. In latter appellate Court:
5. Record of reasons:
6. Satisfaction of suit:
7. Disposal of suit: Court may or may not admit the suit.
8. Possible objection: Over and under valued.
9. Where remand: It is referred to proper court.
10. Extent and date of commencement: All