Shri Maharaj I.S. Wahi v. Smt. Renuka Wahi

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 714/2009 SHRI MAHARAJ I.S. WAHI ..... Plaintiff Through:

Mr. Akshay Makhija, Advocate with Ms. Sanjugeeta Moktan, Advocate and Ms. Mahima Bahl, Advocate.

versus SMT. RENUKA WAHI ..... Defendant Through:

Mr. Vikas Tiwari, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 02.02.2016 I.A. No.447/2016 (exemption) 1.

Exemption allowed subject to just exceptions. I.A. stands disposed of.

O.A. No.11/2016 2.

Counsel for the defendant is not justified in arguing that this suit will have to be continued in this Court inasmuch as merely because plaintiff has filed Court fee in valuation of approximately Rs.6 crores, that would not automatically confer jurisdiction inasmuch as an issue has already CS(OS) No.714/2009

been framed by the Division Bench of this Court and which is left open to be decided at the stage of final arguments with respect to valuation for the purpose of Court fee and hence the valuation for the purpose of pecuniary jurisdiction.

The order of the Division Bench is dated 21.2.2013 in FAO(OS) No.613/2009.

3.

O.A. is accordingly disposed of holding that the order of the Joint Registrar dated 14.12.2015 is correct and this suit has to be transferred. VALMIKI J. MEHTA, J FEBRUARY 02, 2016 Ne CS(OS) No.714/2009