How can you determination of value of certain suits by High Court?
(1) Introduction
Suits Valuation Act has provided provisions for determination of suit valuation for purpose of court fee and for purpose of jurisdiction of court. This act consists of two parts. In its Part II, provision has been provided about determination of value of certain suits by High Court. This provision has been provided in Section No. 9 of this act.
(2) Determination Of Value Of Certain Suits By High Court
Following points are important for explanation of determination of value of certain suits by High Court:
(i) Section No. 9 of Suits Valuation Act
(ii) Ingredients of Section No. 9 of Suits Valuation Act
(i) Section No. 9 Of Suits Valuation Act
When subject-matter of suits of any class, which are other than those suits, which have been mentioned in paragraphs (v) and (vi) and clause (d) of paragraph (x) of Section No. 7 of Court-fees Act, is such that in opinion of High Court it does not admit of being satisfactorily valued, High Court can direct to treat suits of that class as if their subject-matter were of such value as High Court thinks fit to specify in this behalf. However, suits of this class should be treated in this way for purposes of Court-fees Act, and Suits Valuation Act and any other enactment for the time being in force, and High Court can give this direction with previous sanction of provincial government
(ii) Ingredients Of Section No. 9 Of Suits Valuation Act
Followings are basic ingredients of Section No. 9 of Suits Valuation Act:
(a) Suits
(b) Subject-matter of suits
(c) Direction of High Court
(d) Purposes of laws
(a) Suits
High Court can determine value of certain suits when suits are other than those suits, which have been mentioned in paragraphs (v) and (vi) and clause (d) of paragraph (x) of Section No. 7 of Court-fees Act.
(b) Subject-Matter Of Suits
High Court can determine value of certain suits if subject-matter of these suits is such that in opinion of High Court it does not admit of being satisfactorily valued.
(c) Direction Of High Court
Court can direct to treat these suits as if their subject-matter were of such value as High Court thinks fit to specify in this behalf.
(d) Purposes Of Laws
These suits should be treated in this way for purposes of Court-fees Act, and Suits Valuation Act and any other enactment for the time being in force.
(3) Conclusion
To conclude, it can be stated that High Court can, no-doubt, direct to treat these suits in this way. However, previous sanction of provincial government is necessary for high court to give such direction.