Determination of Valuation of Certain Suits by High Court

Determination of Valuation of Certain Suits by High Court

Determination of Valuation of Certain Suits by High Court: The High Court has been empowered to determine the value of certain suits for the purpose of court fees. It is not necessary that court fee value & jurisdictional value should be same. The rule framed by High Court has the force of the law & they cannot be questioned.

Provision: Section 7 of Court Fees Act, 1870 & Section 9 of Suit Valuation Act, 1887.

Purpose: Determination of jurisdiction of courts. Value determination of suits by High Court in certain cases of suit.  Subject matter of suit of any class: Whose valuation is not possible, can be valued by High Court. High Court can determine valuation of certain suits only with the previous sanction of provincial Govt.

Classes of suits where valuation is not possible: Following are the different classes of suits which are held to be of such nature in which valuation is not possible: Suits for the restitution of conjugal rights. Suits to set aside establish adoption. Suit for cancellation of money decrees & mortgage decrees. Suit for custody of child.

Manner of determining the value of suit for purpose of jurisdiction: Following are the manner of determining the value of suit for the purpose of jurisdiction;

Suit regarding marriage & adoption: They are the suits of which valuation is not possible by the High Court; the valuation for jurisdiction has laid down the following: Suits for restitution of conjugal rights.  Suits for a decree establishing annulling of dissolving marriage. Suit for adoption.

Suits regarding alienation of immovable property: In a suit where plaintiff seeks alienation of some immovable property to be void on the ground that such person had restricted the power of alienation.

Suit of Accounts: In all suits for accounts except, Suit to recover amount which may be found due to the plaintiff on taking unsettled accounts between him & defendant. Suits for unsettled accounts: The suit in which plaintiff in plaint seeks to recover amount which may be found due to the account between him & defendant.

Suit seeks to establish or negative any right: following rights with or without injunction & with or without damages namely, Right of way. Right to open, maintain or closes a door or a window or a drain. Right to or in water course or to use the water.

Right to build or raise or alter or demolish wall or to use an alleged part wall.

Suit under arbitration act 1940: i.e. Suit seeking to set aside award.

Suit for partition of property: For the purpose of partition of property. The value should be determined by High Court. If the nature of suit is falling u/s 9 of suit valuation Act.

Suits for redemption or foreclosure of mortgaged property: The amount of principal & interest calculated on terms of mortgage at date of institution of suit.

Suits for cancellation of decree: Money or other property having money value or other document securing money or other property having such value.

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