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SUITS VALUATION ACT,1887

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Department: Board of Revenue
Main Category: Acts
Specific Category Name: Valuation
Year 1887
Promulgation Date: 11-02-1887
Details:

THE SUITS VALUATION ACT, 1887.
(Act No. VII of 1887).

CONTENTS

SECTIONS.

1.         Title.

2.         Extent and commencement of Part I.

3.         Power for Provincial 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.         Repealed.

7.         Extent and commencement of Part 11.

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.       Repealed.

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

12.       Proceeding pending at commencement of Part I or Part II.

 

 

 

 

 

 

THE SUITS VALUATION   
[1][ACT, 1887 lACT No. VII OF 1887]
[11th February, 1887]


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 cer­tains suits for the purpose of determining the jurisdiction of Courts with respect thereto; It is hereby enacted as follows:-

1.                  This Act may be called the Suits Valuation Act,   1887.

Title

PART- 1

SUITS   KKLATING   TO    LAND

2.         This part shall extend to such local areas, and come into force therein on such dates, as the [2][Provincial Government ], by notifi­cation in the [3][official Gazette], directs. [4][* *  *]

Extent and

commencement

of Part I.

 

3.         (1) The [5][Provincial Government] may [6][*    *    *] make rules for determining the value of land for purposes of jurisdiction in the suits mentioned in the Court-fees Act, 1870, section 7, paragraphs v and vi, and paragraph x, clause (d).

Power of

Provincial

Government to

make rules determining value of land for jurisdictional purposes.

           

(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.

[Part-L Suits relating to Land . Pal-11—Other Suits]

[7][4].     Where a suit .entioned in the Court-fees Act, 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 puposes 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.

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

 

5.         (1) The [8][ Provincial Government ] shall before making rules under section 3, consult die High Court with respect thereto.

Making and enforcement of rules.

           

(2) A rule under that section shall not take effect till the expira­tion of one month after the rule has been published in the [9][official Gazette].

6.         [Repeal of section 14 of the Madras Civil Courts Act,   1873]. Omitted by A.O. 1949,Schedule.

 

PART-II
OTHER  SUITS

7.         This Part extends to [10][ the whole of Pakistan], and shall come in to force on the first day of July, 1887.

Extent and commencement of Part II.

 

8.         Where in suits other than those referred to in the Court-fees Act, 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.

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

 

9.         When the subject-matter of suits of any class, other than suits mentioned in the Court-fees Act, 1870, section 7, paragraphs v and vi, and paragraph X, clause (a'), is such that in the opinion of the High Court it does not admit of being satisfactorily valued, the

Determination of value of certain suits by High Court.

            High Court may, with the previous sanction of the [11][Provincial 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.       [12][Repeal of S. 32, Punjab Courts act, 1884 (XVIII 0/1884).] Rep. by the Amending Act,1891 (A7/0/1891). s. 2 and Sch.I.

PART-HI
SUPPLEMENI'AL    PROVISIONS

[13][1—(i) Notwithstanding anything in section 578 of the [14][Code of Civil Procedure], an objection that by reason of the over-valuation or cmder-valuation of a suit or appeal a Court of first instance or lower y appellate Court which has not jurisdiction with respect to the suit or appeal exercised jurisdiction with respect thereto shall not be on­to sained by an appellate Court unless—

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

            (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 the me ' orandu - 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 rerits.

(2)        if the objection was taken in the manner mentioned in clause (a) 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 deter mentioned of the other grounds of appeal to itself, it shall dispose of the appeal as if there had been no defect of jurisdiction in the Court of first instance or lower appellate Court.

 

                                                            Par-III

(SUPPLEMENTAL PROVISIONS)

(3)        If the objection was taken in the 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 suit or appeal, orframes and refers issues for trial, or requires additional evidence to be taken, it shall direct it« order to a Court competent to entertain the suit or appeal.

(4)        The provisions of this section with respect to an appellate Court shall, so far as they can be made applicable, apply to a Court exercising revisional jurisdiction under [15][Section 622] of the Code of Civil Procedure or other enactment for the time being in force.

(5)        This section extends to [16][ the whole  of Pakistan],  and   shall come into force on the first day of July, 1887.

12.    Nothing in Part I or Part [1 shall be construed to affect the jurisdiction of any Court—

Proceedings pending at commencement of part 1 or part II.

            (a)        with respect to any suit instituted before rules under Part I applicable to the valuation of the suit take effect, 01 Part 11 has come into force, as the case may be, or

            (b)        with respect to any appeal arising out of any such suit.

 


[1].          For Statement of Objects and Reasons, See Gazette of India, 1886, Pt. V. P. 791; for Re­port of the Select Committee, see ibidlSST, Pt. lV,p. 18 ; and for Proceedings in Council, see ihid1886, Supplement, pp. 1131 and 1155, and ibid., 1887 Pi. V, I PP. 16 and 21. 

                This Act has been declared to be inforce in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913). It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950) ; and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937 , Pt. 1, P. 1499. 

                The Act has been amended in the Punjab by the Suits Valuation (Punjab Amdt.) Act, 1938 (I of 1938) and the Suits Valuation(PunjabAmdt.)Act,1942(13of1942). 

[2].              Subs, by A.O.1937,for "G.G. in C." 

[3].              Subs, ibid., for "Gazette of India". 

[4].              Part  I of the Act has, under s. 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, Pt. I, p. 107. 

[5].              Subs, by A.O..1937,for "L.G.". 

[6].          The words "[subject to the control] of the G.G. inC. " rep. by A.O., 1937. The words in brackets were subs, by   the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I, for "with the previous sanction".

[7].              This section has been amended in its application to the Punjab by the Punjab Act I of 1938 

[8].              Subs, by A.O., 1937, for "L.G.". 

[9].              Subs, ibid, for   local official Gazette".

[10].         Subs, by the Central Laws (Statute Reform ) Ordinance, 1960 (21 of 1960) s 3 and 2nd Sch (with effect from the                 14th October, 1955), for "all the Provinces and the Capital of the Federation" which has been subs, by A.0.1949,       Arts. 3 (2) and 4, for "the whole of British India".

[11].            Subs, by A.O. 1937,for "L.G." 

[12]. For rules as to valuation of certain classes of suits under this section  tee different local R. and O.                                                                                                

[13]. This section has been amended in the Punjab by Punjab Act  13 of 1942,s.3.

[14]. See now ;,. 99 of the Code of Civil Procedure, 1908 (Act  5 of 1908).

[15].            Sec now s. 115  the Code of Civil .Procedure, 1908, (Act 5 of 1908).      

[16].         Sub by the Central Laws (Status Reform) Ordinance 1960 (21 of I960) 2nd Sch (with effect torn the 14th October, .1955), for ''all the Province And the Capital the Federation,", which had been subs. 1 y A.O. 1949, Arts: 3 (2) and 4,