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Vol. I. 1 Ch. 3-B.: - Alue of The Ubject-Atter of Uits For The Urposes of Ppeal

1) The document discusses determining the value of a suit for purposes of appeal jurisdiction. It states that the value as fixed by the plaintiff or determined by the court should be stated on the face of the final judgment and decree. 2) It explains that the "value" refers to the amount or value of the subject matter of the suit. If the appellate court is uncertain of the value from the record, it should determine whether the value as instituted exceeds its appellate jurisdiction limits. 3) Any objections to the valuation must be decided like other appellate points, but according to the Suits Valuation Act, objections cannot be raised for the first time in appeal without good reason. This rule has exceptions for suits requiring

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Kanishka Sihare
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37 views2 pages

Vol. I. 1 Ch. 3-B.: - Alue of The Ubject-Atter of Uits For The Urposes of Ppeal

1) The document discusses determining the value of a suit for purposes of appeal jurisdiction. It states that the value as fixed by the plaintiff or determined by the court should be stated on the face of the final judgment and decree. 2) It explains that the "value" refers to the amount or value of the subject matter of the suit. If the appellate court is uncertain of the value from the record, it should determine whether the value as instituted exceeds its appellate jurisdiction limits. 3) Any objections to the valuation must be decided like other appellate points, but according to the Suits Valuation Act, objections cannot be raised for the first time in appeal without good reason. This rule has exceptions for suits requiring

Uploaded by

Kanishka Sihare
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Vol. I. 1 Ch. 3-B.

PART B.—VALUE OF THE SUBJECT-MATTER OF


SUITS FOR THE PURPOSES OF APPEAL.
1. Under the Punjab Courts Act, 1918, the number of
General.
appeals in a suit and the Court of Appeal are
determined partly by the nature of the suit and
partly by its value; and serious inconvenience
results to Judges of superior Courts, as well as
Suitors when the record of the original Court does
not disclose the value of the suit.
The value of the suit as fixed by the plaintiff or as
determined by the Court in the event of its being
disputed should, therefore be always stated on the face
of the final judgment and the decree in the suit.
The term "value", as used in the Punjab Courts Act
with reference to a suit, means the amount or value of
the subject-matter of the suit.
2. When the copies filed with the memorandum of
appeal do not disclose the value, the Appellate Valution should be
Court should, if in doubt, send for the record, which stated in judgment
and decree.
may show the value. In all cases in which the record Meaning of value.
does not show the value, the Appellate Court must
ascertain and determine whether the value of the
suit as instituted (not the value of the subject
matter of appeal) does or does not exceed the limits
of its appellate jurisdiction.
3. When either the appellant or the respondent takes
exception to the valuation determined by the lower Objections as
Court, the point must be decided like any other to value.

point taken in appeal or by way of cross-objection. It


should be noted, however, that, according to section
11 of the Suits Valuation Act, no objection as to
valuation can be entertained in appeal unless it was
taken in the trial Court before the issues were
framed and recorded ; or in the lower Appellate
Court, in the memorandum of appeal to that Court
and unless the Appellate Court is satisfied (for
reasons to be recorded in writing) that the suit or
appeal was not properly valued, and that the
mistake in valuation had prejudicially affected the
disposal of the suit or appeal on merits. This rule
applies in all cases of erroneous valuation except in
suits for accounts where value for purposes of
jurisdiction as determined by the Court at any stage
shall be final and conclusive and shall not be liable
to be contested in appeal or revision (Punjab Act XIII
of
Vol. I. 2 Ch. 3-B.
1942). In this connection also please see A.I.R. 1952
Punjab 200.
Suits for 4. In a suit for the amount found to be due after taking
accounts. accounts, it is not the tentative valuation of the
plaintiff, but the amount found to be due and decreed
by the Court, that determines the forum of appeal
(I.L.R. IX. Lah. 23).

Suits for
5. The valuation of a suit for redemption of mortgaged
redemption of property is now governed by rules framed under
mortgage. section 9 of the Suits Valuation Act, 1887. (vide rule 9
of Part C of this Chapter). This rule governs only the
value for the purposes of the suit and for the purposes
of the appeal the rule laid down by a Full Bench of the
High Court in I. L. R. VII Lahore 570 still holds good.
In I.L.R.1954 Punjab 342 (D.B) it has been held,
following I.L.R. VII Lahore 570, that the forum of
appeal in a redemption suit is governed, not by the
original, jurisdictional value of the suit but by the
amount which is found by the court to be due. Where
the amount of the jurisdictional value in appeal is over
Rs. 5,000/-, the appeal under the Punjab Courts Act,
1918, lies to the High Court and not to the District
Judges Court. The District Judge when he comes to
the conclusion that the amount which would be due on
taking of the accounts would be more than Rs. 5,000/-
cannot pass a decree. (vide) I.L.R. 15 Lahore 512 (F.B.).
If on the other hand, the decree had been passed on
payment of a sum less than Rs. 5,000/- the appeal
would have been entertainable by the District Court,
and the mere fact that the mortgagee claimed a greater
amount than Rs. 5,000/- would not have affected the
question of jurisdiction for the purposes of appeal.
(vide, 54 P.R. 1912).

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