Manju Bidhuri v. Jagwati Singh & ORS.

$~3 (Original Side) *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 325/2019 MANJU BIDHURI .....Plaintiff Through:

Mr. Praveen Suri, Advocate through VC.

versus JAGWATI SINGH & ORS.

.....Defendants Through:

Ms. Richa Kapoor, Advocate through VC for D-1, 3 & 7.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 13.09.2024 I.A. 36691/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

I.A. 36678/2024 (u/S 151 of CPC, 1908 by plaintiff for filing of court fee as per Judgment & Decree dated 28.06.2024 and for medication of Order/Judgment dated 28.06.2024) & I.A. 36679/2024 (u/S 151 of CPC, 1908 by plaintiff for deposit of deficient court fee of Rs. 51,144/- of 1/7th share of total valuation of Rs. 3,50,00,000/-) 3.

It is submitted that the applicant-plaintiff by way of present Suit had sought the Declaration, Permanent and Prohibitory Injunction against the defendants in respect of the Suit Property No. E-128, Saket, New Delhi, in which all the defendants were the co-owners.

4.

It is further submitted that the value of the suit property was fixed at Rs. 3,50,00,000/-, though the share of the applicant-plaintiff was only 1/7th in the suit property. Therefore, the applicant-plaintiff is liable to pay only a court fee at 1/7th valuation of the suit property. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 17:58:42

5.

It is also submitted that the applicant-plaintiff has already paid the court of Rs. 50,000/- and also annexed the receipt of the same along with the present applications.

6.

Submissions heard.

7.

Considering that the applicant-plaintiff has clarified that the value of the suit property was Rs. 3,50,00,000/-, out of which, her share is 1/7th i.e., Rs.

50,00,000/-, on which the requisite court fee is being paid @ Rs. 50,000/-, the Applications are allowed as the deficient court fee has been made good.

8.

Accordingly, the applications are disposed of. NEENA BANSAL KRISHNA, J SEPTEMBER 13, 2024 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 17:58:42