2.
(1)
For application of the provisions of this Act the value of a suit shall be calculated
as follows:(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
in suits for money, the amount claimed;
in suits for maintenance, the total amount claimed if the period for which
maintenance is claimed is less than one year and, the amount of twelve
months’ maintenance in any other case;
in suits to establish the right to payment of a periodical sum other than
maintenance, ten times the amount claimed to be payable in one year;
in suits for the partition of immovable property the value of the property
sought to be partitioned at the date of the presentation of the plaint;
in suits for pre-emption, the amount at which the plaintiff claims pre-empt;
in suits for the possession of immovable property by reason of breach of
the contract of tenancy; the amount of six month’s rent of the premises;
in suits for property other than suits above expressly provided for, the
market value of such property at the date of the presentation of the plaint;
in suits relating to the appointment or removal of a guardian (other than a
guardian ad litem) or a trustee, the value of the property subject to the
guardianship or trust;
in all other suits the value of the relief claimed as assessed by the plaintiff
and the provisions of section 37 of the Civil Procedure Act, 2003, shall
apply.
4.
Where part of the claim falls within one heading of sub-rule (1) and part falls within
another, the value of each part shall be calculated according to sub-rule (1) and the value
assets are not sufficient to pay preferential creditors in full shall be reckoned as the
amount of the dividend the plaintiff is estimated to receive if he succeeded in this claim.
5.
Where the amount of the value of suit contains a fraction of a pound such fraction shall
be treated as a pound.
6.
The provisions of this rule shall apply so far as may be to the valuation of other
proceedings under this Act or referred to in this Order; provided that in appeals and
reviews the amount of any costs adjudged shall not be taken into consideration.
7.
Where the claim is not disputed and there is no formal hearing no fee shall be charged
other than the fee upon plaint.
(1) Where in any suit part of the claim is abandoned or admitted after the fee payable
upon plaint has been paid but before the fee payable on hearing has been paid, the
total fee payable in the suit shall be the aggregate of half the percentage fee on the
value of the original claim and half the percentage fee on the value of that part of
the suit which is disputed; provided that in suits for the sale or foreclosure of
immovable property, the total fee payable shall be the scale percentage on the
value of that party of the suit which is disputed and not as above stated in this
rule.
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