COURT FEES ACT, 1870 (VII OF 1870)


It appears from the written statement that the contesting defendants took the objection in their written statements that the suit has not been properly valued but no such issue was framed by the trial court, the defendant did not bring it to the notice of the trial court that an issue should be framed as to the valuation of the suit —in revision, cannot be allowed to raise an objection as to valuation of the suit because they slept over the matter after raising the same objection in their written statement.

Sananda Mohan Barua & Ors. Vs. Niranjan Proshad Barua & Ors. 4BLT (HCD)-187


Held: we are of the view that the trial court shall be at liberty to consider the matter of valuation of the suit property at the time of trial of the suit and shall pass necessary orders as deemed fit according to law as to payment of Court fees, if any by the plaintiff.

Md. Saimuddin Vs. Amjad Ali & Ors 16 BLT (AD) 74.

Sectlons-8-C & 8-D

The combined effect of sections 8-C and 8-D of the Court Fees Act is that a suit can be valued in accordance with a revised assessment which may be fixed by the Court on inquiry. The power to direct such an inquiry is no doubt discretionary but it is a discretion which must be judicially exercised and there must be some enquiry either by the court itself or by somebody appointed in this behalf to enable the court to come to a correct assessment of the valuation of the suit.

Sola Bibi & Ors. Vs. Amiron Nessa &Ors 5BLT (HCD)-117.