Suit Valuation in Civil Cases

 

🧾 Suit Valuation in Civil Cases

Suit valuation refers to the process of assigning a monetary value to the subject matter of a civil suit for two purposes:

1. Jurisdictional Value – to determine which court (Civil Judge Jr./Sr./District Judge) has the authority to hear the case.

2. Pecuniary Value for Court Fee – to calculate the proper court fee payable under the Court Fees Act (varies from state to state).

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📌 How to Write the Suit Valuation Clause in a Plaint

Here’s a standard clause you can adapt:

Suit Valuation:

That the value of the subject matter of the present suit for the purpose of jurisdiction and court fee is fixed at Rs. [amount], on which appropriate court fee of Rs. [amount] is paid as per the provisions of the Court Fees Act, [State Amendment, if applicable]. The Hon’ble Court has pecuniary and territorial jurisdiction to try and decide the present suit.

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📚 Examples Based on Type of Suit

Type of Suit	Basis of Valuation	Court Fee
Money recovery	Amount claimed (e.g., Rs. 5,00,000)	Ad valorem
Specific performance	Sale consideration or market value, whichever is higher	Ad valorem
Possession of immovable property	Market value of the property	As per law
Injunction	Plaintiff's discretion, subject to court's approval	Fixed fee
Declaration without consequential relief	Nominal amount (e.g., Rs. 1,000)	Fixed fee
Declaration with consequential relief (e.g., cancellation of a deed)	Market value or value of the transaction	Ad valorem

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⚠️ Important Tips

• Always refer to your State-specific Court Fees Act/Rules (e.g., Maharashtra Court Fees Act, Tamil Nadu Court Fees and Suits Valuation Act, etc.)

• Courts can question improper valuation or underpayment of court fees.

• If you're unsure of the exact market value (like in property suits), it’s advised to attach a valuation report or circle rate evidence.