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Report No. 188

Valuation:

The valuation of the subject matter of dispute for purposes of fixing the jurisdiction of the Commercial Division must, in our view, be simple. We have looked into the principles of valuation governing the filing of civil suits in Courts under the Suits Valuation Act, 1887 and the State Amendments thereto and the various legislations made by the State Legislatures of Andhra Pradesh, Karnataka, Kerala etc. In those Acts, the methods of valuation are quite complicated and we do not want to adopt them. On the other hand, we want to adopt a single method of valuation. So far as money suits or suits relating to immovable property are concerned, there is not much difficulty.

Even here, we are of the view that if the suit affects movable property, whether it be one for recovery of the movable property or not, it should be valued on the basis of the market value of the entire movable property on date of suit. Likewise, when we deal with suits affecting immovable property or even rights therein, the value of the dispute must be computed on the basis of the market value of the whole of the immovable property. In the case of appeals in the High Court which are to be allocated to the Commercial Division, the value will be the value of subject matter in dispute, as computed in the above manner as on the date of suit.



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