Suits Valuation Act,1887
Act No : 7
Section : Procedure where objection is taken on appeal or revision thata suit or appeal was not properly valued for jurisdictional purposes
11. Procedure where objection is taken on appeal or revision thata suit or appeal was not properly valued for jurisdictional purposes.-(1) Notwithstanding anything in 1*section 578 of the Code of CivilProcedure (14 of 1882), an objection that by reason of theovervaluation or under-valuation of a suit or appeal a Court of firstinstance or lower Appellate Court which had not jurisdiction withrespect to the suit or appeal exercised jurisdiction with respectthereto shall not be entertained by an Appellate Court unless- (a) the objection was taken in the Court of first instance at or before the hearing at which issues were first framed and recorded, or in the lower Appellate Court in the memorandum of appeal to that Court, or (b) the Appellate Court is satisfied, for reasons to be recorded by it in writing, that the suit or appeal was over-valued or under-valued, and that the over- valuation or under-valuation thereof has prejudicially affected the disposal of the suit or appeal on its merits. (2) If the objection was taken in the manner mentioned in clause(a) of sub-section (1), but the Appellate Court is not satisfied as toboth the matters mentioned in clause (b) of that sub-section and hasbefore it the materials necessary for the determination of the othergrounds of appeal to itself, it shall dispose of the appeal as ifthere had been no defect of jurisdiction in the Court of firstinstance or lower Appellate Court. (3) If the objection was taken in that manner and the AppellateCourt is satisfied as to both those matters and has not thosematerials before it, it shall proceed to deal with the appeal underthe rules applicable to the Court with respect to the hearing ofappeals; but if it remands the suit or appeal, or frames and refersissues for trial, or requires additional evidence to be taken, itshall direct its order to a Court competent to entertain the suit orappeal. (4) The provisions of this section with respect to an AppellateCourt shall, so far as they can be made applicable, apply to a Courtexercising revisional jurisdiction under 2*section 622 of the Code ofCivil Procedure (14 of 1882) or other enactment for the time being inforce. (5) This section 3*** shall come into force on the first day ofJuly, 1887.---------------------------------------------------------------------1 See now s. 99 of the Code of Civil Procedure, 1908 (Act 5 of 1908).2 See now s. 115, ibid.3 The words "extends to the whole of India except Part B States and" omitted by the Adaptation of Laws (No. 2) Order, 1956.102
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