Rajiv Kapur v. Charanjit Kumar Kapur & ORS. A+

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 176/2008 RAJIV KAPUR ..... Plaintiff Through:

Plaintiff in person.

versus CHARANJIT KUMAR KAPUR & ORS. A+ ..... Defendants Through:

Mr. Raman Kapur, Senior Advocate with Mr. Dhiraj Sachdeva, Advocate for defendant Nos.8 and 9.

Ms. Adwaita Sharma, Advocate for defendant No.14.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 20.01.2016 1.

As per para 45 of the suit plaint, value for the purpose of pecuniary jurisdiction is fixed at Rs.21 lacs. This suit therefore will have to be transferred to the concerned jurisdictional court having pecuniary jurisdiction.

2.

No doubt, learned senior counsel for defendant nos.8 and 9 argues that value of the suit for the purpose of pecuniary jurisdiction should be the total value of the suit property, however, this would only be the defence and objection for the suit to be caused to be properly valued and only when such an objection is decided in favour of defendant nos.8 and 9, CS(OS) No.176/2008

would then the suit be required to be amended to state a particular pecuniary jurisdiction value different than as already stated in para 45 of the suit plaint. 3.

An Office Order dated 24.11.2015 has been issued by Hon'ble the Chief Justice in exercise of powers conferred by Section 4 of the Delhi High Court (Amendment) Act, 2015, whereby ordinary suits which are not commercial matters having pecuniary jurisdiction up to the value of rupees two crores cannot be tried by this Court and commercial matters up to the value of rupees one crore cannot be tried by this Court. Accordingly, this suit is transferred for decision to the jurisdictional Court under the District & Sessions Judge (South East), Saket Courts, New Delhi. 4.

Let parties appear before the District & Sessions Judge (South East), Saket Courts, New Delhi on 4th March, 2016. Suit file be made available to the District & Sessions Judge(South East), Saket Courts, New Delhi on the date fixed.

VALMIKI J. MEHTA, J JANUARY 20, 2016 Ne CS(OS) No.176/2008