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  "title": "Suits Valuation Act, 1887",
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  "text": " \n \nPage 1 of 4 \n \n \n \n \n \n \nTHE SUITS VALUATION ACT, 1887 \n \n \n \n \nCONTENTS \n \n1.  \nTitle \nPART I \nSUITS RELATING TO LAND \n \n2.  \nExtent and commencement of Part I \n3.  \nPower for Provincial Government to make rules determining value of land for \n \njurisdictional purposes \n4.  \nValuation of relief in certain suits relating to land not to exceed the value of the land \n5.  \nMaking and enforcement of rules \n6.  \n[Omitted] \nPART II \nOTHER SUITS \n \n7.  \nExtent and commencement of Part II \n \n8.  \nCourt-fee value and jurisdictional value to be the same in certain suits \n9.  \nDetermination of value of certain suits by High Court \n10.  \n[Repealed] \nPART III \nSUPPLEMENTAL PROVISIONS \n \n11.  \nProcedure where objection is taken on appeal or revision that a suit or appeal was not \n \nproperly valued for jurisdictional purposes \n \n12.  \nProceedings pending at commencement of Part I or Part II \n \n\n \n \nPage 2 of 4 \n \nTHE SUITS VALUATION ACT, 1887 \n1, 2 and 3ACT No. VII OF 1887 \n \n[11th February, 1887] \n \nAn Act to prescribe the mode of valuing certain suits for the purpose of determining the \njurisdiction of Courts with respect thereto \n \n \nWHEREAS it is expedient to prescribe the mode of valuing certain suits for the purpose of \ndetermining the jurisdiction of Courts with respect thereto; It is hereby enacted as follows:— \n \n \n1. Title. This Act may be called the Suits Valuation Act, 1887. \n \nPART I \nSUITS RELATING TO LAND \n \n \n2. Extent and commencement of Part I. This part shall extend to such local areas, and come \ninto force therein on such dates, as the 4[Provincial Government], by notification in the 4[official \nGazette], 5directs. \n \n \n3. Power for Provincial Government to make rules determining value of land for \njurisdictional purposes.—(1) The 4[Provincial Government] may 4[* * *] make rules for \ndetermining the value of land for purposes of jurisdiction in the suits mentioned in the Court- fees \nAct, 1870, (VII of 1870) section 7, paragraphs v and vi, and paragraph x, clause (d). \n \n \n(2) The rules may determine the value of any class of land, or of any interest in land, in the \nwhole or any part of a local area and may prescribe different values for different places within \nthe same local area. \n \n \n \n \n \n \n \n \n \n \n1This Act has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulations No. II of 1913. It has also been extended to the \nLeased Areas of Baluchistan, see the Leased Areas (Laws) Orders, 1950 (G. G. O. 3 of 1950) ; and applied in the Federated Areas of Baluchistan, see \nGazette of India, 1937, Pt. I, p. 1499. \n2The Act has been amended in the Punjab by the Suits Valuation (Punjab Amdt.) Act No. I of 1938 and the Suits Valuation (Punjab Amdt.) Act No. \n13 of 1942. \n3The Act as in force in the North-West Frontier Province immediately before the commencement of N.W.F.P. Regulation No. II of 1974, has been \napplied to the Provincially Administered Tribal Areas of Chitral, Dir Kalam, Swat and Malakand Protected Area, by N.W.F.P. Regulation No. II of \n1974, Art. 3. \n4Subs. and repealed by A. O., 1937. \n5Part 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   \nIndia, 1889, Pt. I, p. 107. \n \n \n \n\n \n \nPage 3 of 4 \n \n \n14. Valuation of relief in certain suits relating to land not to exceed the value of the \nland. Where a suit mentioned in the Court-fees Act, 1870, (VII of 1870) section 7, paragraph iv, or \nSchedule II, article 17, relates to land or an interest in land of which the value has been determined \nby rules under the last foregoing section, the amount at which for purposes of jurisdiction the relief \nsought in the suit is valued shall not exceed the value of the land or interest as determined by those \nrules. \n \n \n5. Making and enforcement of rules.—(1) The \n2\n[Provincial Government] shall, before \nmaking rules under section 3, consult the High Court with respect thereto. \n \n \n(2) A rule under that section shall not take effect till the expiration of one month after the rule \nhas been published in the 2[official Gazette]. \n \n \n6. 3[Omitted] \n \nPART II \nOTHER SUITS \n \n7. Extent and commencement of Part II. This Part extends to \n4\n[the whole of Pakistan], and \nshall come into force on the first day of July, 1887. \n \n \n8. Court-fee value and jurisdictional value to be the same in certain suits. Where in suits \nother than those referred to in the Court-fees Act, 1870, (VII of 1870) section 7, paragraphs, v, vi and \nix, and paragraph x, clause (d), court-fees are payable ad valorem under the Court-fees Act, 1870, the \nvalue as determinable for the computation of court-fees and the value for purposes of jurisdiction \nshall be the same. \n \n \n9. Determination of value of certain suits by High Court. When the subject-matter of suits \nof any class, other than suits mentioned in the Court-fees Act, 1870, (VII of 1870) section 7, \nparagraphs v and vi, and paragraph x, clause (d), is such that in the opinion of the High Court it does \nnot admit of being satisfactorily valued, the High Court may, with the previous sanction of the \n2[Provincial Government], direct that suits of that class shall, of for the purposes of the Court-fees \nAct, 1870, (VII of 1870) and of this Act and any other enactment for the time being in force, be \ntreated as if their subject-matter were of such value as the High Court thinks fit to specify in this \nbehalf. \n \n \n10. 5[Repealed] \n \n \n \n \n1This section has been amended in its application to the Punjab by the Punjab Act No. I of 1938, s. 2. \n2Subs. by A.O., 1937. \n3Omitted by A.O. 1949, schedule. \n4Subs. by Central Law (Statute Reform) Ordinance No. XXI of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955). \n5Repealed by the Amending Act No. XII of 1891, S. 2 and Sch. I. \n \n \n \n \n \n\n \n \nPage 4 of 4 \n \nPART III \nSUPPLEMENTAL PROVISIONS \n \n \n111. Procedure where objection is taken on appeal or revision that a suit or appeal was \nnot properly valued for jurisdictional purposes.—(1) Notwithstanding anything in section 2[99 of \nthe Code of Civil Procedure, 1908 (Act V of 1908)], an objection that by reason of the overvaluation \nor under-valuation of a suit or appeal a Court of first instance or lower appellate Court which had not \njurisdiction with respect to the suit or appeal exercised jurisdiction with respect thereto shall not be \nentertained by an appellate Court unless— \n \n(a)  \nthe objection was taken in the Court of first instance at or before the hearing at \nwhich issues were first framed and recorded, or in the lower appellate Court in \nthe memorandum of appeal to that Court, or \n \n(b)  \nthe appellate Court is satisfied, for reasons to be recorded by it in writing, that \nthe suit or appeal was over-valued or under-valued, and that the over-\nvaluation or under-valuation thereof has prejudicially affected the disposal of \nthe suit or appeal on its merits. \n \n \n(2) If the objection was taken in the manner mentioned in clause (a) of sub-section (1), but \nthe appellate Court is not satisfied as to both the matters mentioned in clause (b) of that sub- section \nand has before it the materials necessary for the determination of the other grounds of appeal to \nitself, it shall dispose of the appeal as if their had been no defect of jurisdiction in the Court of first \ninstance or lower appellate Court. \n \n \n(3) If the objection was taken in that manner and the appellate Court is satisfied as to both \nthose matters and has not those materials before it, it shall proceed to deal with the appeal under the \nrules applicable to the Court with respect to the hearing of appeals; but if it remands the suit or \nappeal, or frames and refers issues for trial, or requires additional evidence to be taken, it shall direct \nits order to a Court competent to entertain the suit or appeal. \n \n \n(4) The provisions of this section with respect to an appellate Court shall, so far as they can \nbe made applicable, apply to a Court exercising revisional jurisdiction under section 2[115 of the \nCode of Civil Procedure, 1908 (Act V of 1908)] or other enactment for the time being in force. \n \n \n(5) This section extends to \n3\n[the whole of Pakistan], and shall come into force on the first day \nof July, 1887. \n \n \n12. Proceedings pending at commencement of Part I or Part II. Nothing in Part I or Part \nII shall be construed to affect the jurisdiction of any Court — \n \n(a)  \nwith respect to any suit instituted before rules under Part I applicable to the \nvaluation of the suit take effect, or Part II has come into force, as the case may \nbe, or \n \n(b)  \nwith respect to any appeal arising out of any such suit. \nDate: 04-06-2024 \n \n1This section has been amended in the Punjab by Punjab Act No. XIII of 1942, s. 3. \n2Subs. by Federal Laws (Revision and Declaration) Ordinance No. XXVII of 1981, s. 5, Sch. IV (only to the extent of Islamabad capital territory). \n3Subs. by the Central Laws (Statute Reform) Ordinance No. XXI of 1960, s.3 and (with effect from the 14th October, 1955).  \n",
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