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Pakistan (Punjab) Legislation |
THE SUITS VALUATION ACT,
1887
(Act VII of 1887)
C O N T E N T S
Sections
1. Title.
2. Extent and commencement of Part I.
3. Power of 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 [Repealed]
PART II
[Repealed]
7. Extent and 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. [Repealed]
PART III
[Repealed]
11. Procedure where objection is taken on appeal or revision that a suit or appeal was not properly valued for jurisdictional purposes.
12. Proceedings pending at commencement of Part I or Part II.
[1]THE SUITS VALUATION ACT, 1887
(Act VII of 1887)
[
An Act to prescribe the mode of valuing certain suits for the purpose of determining the jurisdiction of Courts with respect thereto.
Preamble.-- 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.-- This Act may be called the Suits Valuation Act, 1887.
PART I
[2][* * *]
2. Extent and commencement of
3. Power of Provincial Government to make rules
determining value of land for jurisdictional purposes.-- (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[7], section 7, paragraphs (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[8], section 7, paragraph (iv), or Schedule II, article 17 [9][or 22] 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 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 [10][Provincial 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
[11][official Gazette].
6. [Repeal of section 14 of the
PART II
[12][* * *]
7. Extent
and commencement of Part II.-- This part extends to
[13][the
whole of
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[14], section 7, paragraphs (v), (vi) and (ix), and
paragraph (x), clause (d), court-fees are payable ad valorem under the Court-fees Act, 1870[15], 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[16], section 7, paragraphs (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
[17][Provincial Government], direct that suits of that
class shall, for the purposes of the Court-fees Act, 1870[18], 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,
PART III
[19][* * *]
11. Procedure where objection is taken on appeal or revision that a suit or appeal was not properly valued for jurisdictional purposes.-- (1) Notwithstanding anything in section 578 of the [20]Code of Civil Procedure, an 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 not jurisdiction with respect to the suit or appeal exercised 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 the 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 under-valuation thereof has prejudicially affected the disposal of the suit or appeal on its merits.
[21][Provided that in suit for accounts the value for purposes of jurisdiction as determined by the court at any stage of the trial shall be final and conclusive and shall not be liable to be contested in appeal or revision].
(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 the materials necessary for the determination 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.
(3) If the objection was taken in that 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 or frames and refers issues for trial, or requires additional evidence to be taken, it shall direct its 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 section 622 of the [22]Code of Civil Procedure or other enactment for the time being in force.
(5) This section extends to [23][the whole of Pakistan], and 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.
[1]For statement of objects and
reasons, see Gazette of India, 1886,
Pt. V, p. 791; for Report of the Select Committee, see ibid., 1887, Pt. IV, p. 18; and for Proceedings in Council, see ibid., 1886, Supplement, pp. 1131
and 1155, and ibid., 1887, Pt. VI,
pp. 16 and 21.
This Act has been declared to
be in force 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 applies in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p.
1499.
[2]The heading, "Suits Relating
to Land", deleted by the Suits Valuation (Punjab Amendment) Act, 1942 (XIII of
1942).
[3]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government
of India (Adaptation
of Indian Laws) Supplementary Order, 1937 for "G.G. in C".
[4]Substituted ibid., for, "Gazette of India".
[5]Substituted ibid., for "Local Government".
[6]The words, "Subject to the
Control of G.G. in C", repealed ibid.
[7]VII of
1870.
[8]VII of 1870.
[9]Inserted by Punjab the Suits
Valuation (Punjab Amendment) Act, 1938 (I of 1938).
[10]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government
of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for "Local
Government".
[11]Substituted ibid., for "Local Official Gazette".
[12]The heading, "Other Suits",
deleted by the Suits Valuation (Punjab Amendment) Act, 1942 (XIII of 1942).
[13]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule
(with effect from the 14th
October, 1955), for "all the Provinces and the
Capital of the Federation", which had been substituted by the Adaptation of
Central
Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and
4, for "the whole of British India".
[14]VII of 1870.
[15]Ibid.
[16]Ibid.
[17]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government
of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for "Local
Government".
[18]VII of 1870.
[19]The heading "Supplemental
Provisions", deleted by the Suits Valuation (Punjab Amendment) Act, 1942 (XIII
of 1942).
[20]XIV of 1882, subsequently
replaced by the Code of Civil Procedure, 1908 (Act VI of 1908).
[21]Added by the Suits Valuation
(Punjab Amendment) Act, 1942 (XIII of 1942).
[22]XIV of 1882, subsequently
replaced by the Code of Civil Procedure, 1908 (Act V of 1908).
[23]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule
(with effect from the 14th
October, 1955), for "all the Provinces and the
Capital of the Federation", which had been substituted by the Adaptation of
Central
Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and
4, for "the whole of British India".
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