Suit valuation for purpose of court fee & for purpose of jurisdiction of 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. It is necessary that suit valuation should be determined according to these provisions. If increase in prices is kept in mind for determination of suit valuation and suit valuation is not determined according to these provisions of Suits Valuation Act, such determination of suit valaution cannot be considered sustainable.

(2) Suit Valuation For Purpose Of Court Fee & For Purpose Of Jurisdiction Of Court

According to Suits Valuation Act, following sections are important for explanation of suit valuation for purpose of court fee and for purpose of jurisdiction of court:

(i) Section No. 3

(ii) Section No. 4

(iii) Section No. 8

(iv) Section No. 9

(i) Section No. 3

Following points are important for explanation of this section:

(a) Power of provincial government

(b) Determination of value

(a) Power Of Provincial Government

Provincial Government can make rules to determine value of land for purposes of jurisdiction in 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) Determination Of Value

These rules can determine value of any class of land or of any interest in land in the whole or any part of a local area and can prescribe different values for different places within the same local area.

 (ii) Section No. 4

Amount at which relief sought is valued for purposes of jurisdiction should not exceed value of land or interest as determined by rules under Section No. 3 of Suits Valuation Act when suit, which has been mentioned in paragraph (iv) of Section No. 7 or Article No. 17 of Schedule II of Court Fees Act, relates to land or an interest in land of which value has been determined by rules under Section No. 3 of Suits Valuation Act.

(iii) Section No. 8

When court-fees are payable ad valorem under Court-fees Act in those suits, which are other than those suits, which have been referred to in paragraphs (v), (vi) and (ix) and clause (d) of paragraph (x) of Section No. 7 of Court-fees Act, 1870, value as determinable for computation of court-fees and value for purposes of jurisdiction shall be the same.

(iv) Section No. 9

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.

(4) Conclusion

To conclude, it can be stated that it is duty of court to discover suit valuation in order to find out whether it has jurisdiction over disputed matter or not However, suit valuation for purpose of court fee should be determined first, and suit valuation for purpose of jurisdiction should be determined after determination of suit valuation for purpose of court fee.

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