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Date - 10.09.2020
Day - Day 68
Legal Legislation

THE SUITS VALUATIONS ACT, 1887

INTRODUCTION
The Suits Valuations Act, 1887​ is an Act that was enacted on 11th February 1887 by the
Ministry of Law and Justice, Department of Legal Affairs, and the Department of Law and
Legislative Affairs. The Act came into force on 1st March 1889 and it consists of 1 chapter
further divided into 12 sections.

PURPOSE OF THE ACT

The Suits Valuations Act, 1887​ is an Act to prescribe the mode of valuing certain suits to
determine the jurisdiction of Courts with respect thereto.

EXPLANATION OF SECTIONS
Section 1 → Title and extent
This section states that this Act shall be called ‘​The Suits Valuations Act, 1887​’and shall
apply to the entire country of India.
Section 2 → Extent and Commencement of Part I
This Section shall apply to those local areas and shall enter into force on such dates as the
Government of the State can direct by notification in the Official Gazette.
Section 3 → Power for State Government to make rules determining the value of land
for jurisdictional purposes
(1) The Government of the State may lay down rules for the calculation of the value of
the land for jurisdiction in the proceedings referred to in the ​Law of the Court of
Justice, 1870, section 7, paragraphs v and vi, and paragraph x, clause (d).
(2) The laws which decide the valuation of any type of property or any interest in the
property, in whole or in some portion of a local area, and may prescribe different
values for different areas within the same local area.
Section 4 → Valuation of relief in certain suits relating to land not to exceed the value
of the land
Where the suit referred to in the ​Court-fees Act, 1870, Section 7, subsection iv​, or ​Schedule
II, section 17​, concerns property or interest in the property on which the valuation has been
determined by the rules set out in the last preceding clause, the amount for which, for
jurisdiction, the compensation obtained in the suit is calculated shall not exceed the value of
the land or interest as determined by those provisions.
Section 5 → Making and enforcement of rules
 ​
(1) This subsection states that the​ State Government shall, before making rules under
Section 3 of The Suits Valuation Act, 1887​, 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​ Official Gazette.
Section 6 → Repeal of section 14 of the Madras Civil Courts Act, 1873
It is on and from the date on which rules under ​Section 3 of the suits valuation act, 1887
take effect in any part of the territories under the administration of the Governor of Fort Saint
George in Council to which the ​Madras Civil Courts Act, 1873 (3 of 1873)​ extends, section
14 of that Act shall be repealed as regards that part of those territories.
Section 7 → Commencement of Part II
This Part 1 shall come into force on the 1st day of July, 1887.
Section 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 (7 of 1870)​, section 7,
paragraphs v, vi and ix, and paragraph x, clause (d), court-fees are payable ad valorem
under the ​Court-fees Act, 1870 (7 of 1870)​, the value as determinable for the computation of
court-fees and the value for purposes of jurisdiction shall be the same.
Section 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 (7 of 1870)​, 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 State Government, direct that suits of that class
shall, for the purposes of the​ Court-fees Act, 1870 (7 of 1870)​, 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.
Section 10 → Repeal of section 32, Punjab Courts Act, 1884 (18 of 1884)
Repealed.
Section 11 → Procedure where the objection is taken on appeal on revision that a suit
or appeal was not properly valued for jurisdictional purposes
(1) Lacking something in ​Section 578 of the Code of Civil Procedure​, an argument that,
on the basis of an overestimation or underestimation of an action or appeal, the
Court of First Instance or the lower Court of Appeal which did not have jurisdiction
with respect to an action or appeal exerted jurisdiction with respect to that case shall
not be taken by the Court of Appeal, unless —
(a) the question was presented by the Court of First Instance at or before the
hearing at which the issues were first framed and registered, or by the lower
appellate court in the memorandum of appeal to that court, or
(b) the Appellate Court is persuaded, for reasons to be reported in writing, that
the suit or appeal has been overvalued or under-valued and that the
over-evaluation or under-evaluation of the case has adversely affected the
outcome of the suit or appeal on its merits.
(2) Where an argument has been presented in the manner referred to in point (a) of
subsection (1) but the Appellate Court is not happy with all the matters referred to in
point (b) of that subsection and has before it the information required for the decision
of the basis of appeal, the Appellate Court shall dispose of the appeal as though
there had been no fault in the jurisdiction of the Court of First Instance.
 (3) If the complaint has been presented in this manner and the Appellate Court is
pleased with all of these issues and does not have the information before it, it shall
continue to the appeal in compliance with the laws applicable to the Court with
respect to the hearing of appeals; but if it demands the motion or the appeal or the
submission of questions to the Court or allows further proof to be provided, it shall
direct the appeal.
(4) For the time being, the provisions of this section with regard to the Appellate Court
shall extend, to the degree that they may be extended, to a Court which exercises
reviewing authority pursuant to ​Section 622 of the Code of Civil Procedure​ or any
other act of effect.
(5) This provision shall enter into effect on the first day of July 1887.
Section 12 → Proceedings pending at the `commencement of Part I or II
Nothing in Part I or Part II shall be construed to affect the jurisdiction of any Court-
(a) Concerning 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) concerning any appeal arising out of any such suit.

By ​Sneha Mahawar​, ​Anshika Raj Singh and ​Deb Zyoti Das​, Content Board, All India
Legal Forum.
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