The Suits Valuation Act, 1887

The Suits Valuation Act 1887
A Statute on the law of suits valuation in Bangladesh

1. Welcome to the Presentation on The Suits Valuation Act , 1887

2. By Legal Associates

3. Members of the group………. A.B.M. Ehsaan Ullah Khan Md. Mahbubur Rahman Md. Shaon Hossain Md. Aman Ullah Md. Masud Rana Arifa Afrin Akhi Khadiza Mantu Kumar Sana Jahid Hasan Shamima Afruj

4. What suit-valuation is……… The Suits Valuation Act, 1887 has not defined the term ‘suit valuation’ or ‘value of the suit’. In general, the value of the subject-matter of the suit is called ‘value of the suit’ or ‘suit-value’.

5. Objective of the Act……..(Preamble) The main objective of the Suits Valuation Act, 1887 is to determine the jurisdiction of Courts in certain suits. In order to attain the objective, the Act prescribes the mode of valuing those certain suits. From the reading of the preamble, it is evident that this Act’s intention is not to determine the value of all types of suits.

6. Distinction between the Suits Valuation Act and the Court Fees Act………. The two Acts are different as to their objectives. The main objective of the Court Fees Act,1870 is to determine the court- fees, whereas the main objective of the Suits Valuation Act, 1887 is to determine court jurisdiction. But in attaining the objective , both Acts are to resort to the value of the subject-matter of the suit except where court fees is fixed.

7. Determination of value of land……… ( S.03 ) The Government may make rules for determining the value of land for purposes of jurisdiction of courts. Purpose: Determination of jurisdiction of courts Condition: The suit will be mentioned in paragraph v, and vi, and x, clause (d), section 7 of the Court Fees Act 18: Para v : Possession Para vi : Pre-emption Para x, clause (d) : Specific performance of award The rules may prescribe different values for different places in the same local area.

8. Precedents on section 3…. The value determined by the Govt is essentially artificial in nature and has no reference to the market value of the property. PLD 1960 Lah 1088 Where the Govt has not framed rules, the market value will be the suit value. PLD 1962 BJ 33 (DB) This section does not apply to the valuation of houses. AIR 1899 Pun 314

9. Consultation with the Supreme Court before making rules and enforcement ….. ( S.5 ) The Government shall consult the Supreme Court before making rules under section 3. A rule under section 3 shall not take effect till the expiration of one month after the publication of the rules in the official Gazette.

10. Determination of the value of relief……( S.04 ) Where a suit relates to land or interest in land, the amount of relief sought in the suit shall not exceed the value of the land or interest in the land. Conditions: 1. The suit will be mentioned in Parargraph iv, section 7 of the Court Fees Act,1870 Para iv: a. easement b. injunction c. declaratory decree etc. 2. The value of the land or interest in the land will be determined by the rules under section 3 of the Suits Valuation Act, 1887

11. When court fee value and jurisdictional value are the same… ( S.8 ) Where in suits court-fees are payable ad valorem under the Court Fees Act, 1870, the court fee value and jurisdictional value shall be the same. Exception: The suits referred to in paragraph v, vi, and ix, and paragraph x, clause (d), section 7 of the Court Fees Act,1870 : Para v : Possession Para vi : Pre-emption Para ix : Mortgage (redemption, foreclosure) Para x, clause (d): Injunction

12. Determination of value of certain suits by the Supreme Court ( S.09 ) When the subject-matter of suits of any class is such that in the opinion of the Supreme Court it does not admit of being satisfactorily valued the Supreme Court may specify the value of that subject-matter. Conditions: 1. The suits are not mentioned in paragraph v and vi, and paragraph x, clause(d)of section 7 of the Court Fees Act 1870. Para v : Possession Para vi : Pre-emption Para x, clause (d) : Injunction 2. There is previous sanction of the Government.

13. Procedure to be followed when objection about valuation arises before the Appellate Court……. Section 11 of the Suits Valuation Act, 1887 prescribes the procedure where objection is taken on appeal or revision that a suit or appeal was not properly valued for jurisdictional purposes. This section is limited to cases where there is an erroneous assumption of jurisdiction by a court as a result of an error in the valuation of a suit and, it has no application where there is mere error in the valuation. Mere error in valuation is treated under the Court Fees Act, 1870.

14. Conditions for resorting to S.11 ….. Three conditions must be fulfilled to resort to the section 11 of the Suits Valuation Act, 1887: Condition 1: The objection was taken in the Court of first instance before or at the time of framing of issues or in the lower appellate Court in the memorandum of appeal. S.11 (1) (a) Condition 2: The Court is satisfied that there was over-valuation or under-valuation. S.11 (1)(b) Condition 3: That over-valuation or under-valuation prejudicially affected the disposal of the suit or appeal on its merits. S.11 (1) (b)

15. Decisions to be taken by the Appellate Court… The Appellate Court may take three types of decisions in two situations: 1. When conditions are not satisfied: 11(2) The Appellate Court shall dispose of the appeal as if there had been no defect of jurisdiction. Proviso: The necessary materials for determination of the appeal are before the Court. 2. Where conditions are satisfied: 11(3) A. The Appellate Court shall proceed to deal with the appeal. Or, B. The Appellate Court shall direct its orders to a competent court to entertain the suit or appeal.

16. Section 11(4) provides: The provisions of the section 11 with respect to an appellate Court shall apply to a Court exercising revisional jurisdiction under section 115 of the Civil Procedure Code,1908 or other enactment for the time being in force. Applicability of the section 11 in revision…..

17. Precedents on section 11…….. Objection to jurisdiction on the ground of valuation should be taken at the earliest possible moment. It cannot be taken during arguments. AIR 1934 Pat 184 This section applies to all classes of over-valuation and under-valuation however it may be caused. AIR 1931 Cal 849 A party to a suit who has adopted a valuation cannot object to it in the same proceeding. PLD 1956 SC 38 An objection as to under-valuation or over-valuation cannot be taken before the executing court as a bar to the execution of the decree. AIR 1938 Pesh 77

18. Necessity of the Suits Valuation Act,1887 …….. To ascertain the jurisdiction of the courts. To avoid the unexpected situations in the subsequent stages of the trial proceeding. To comply with the provisions of the code of civil procedure 1908 as to pecuniary jurisdictions of courts.

19. Any Q uery???

20. .., THANKS TO ALL