Shri Prafulla Kumar v. Smt. Raj Rani & ORS

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 907/2008 SHRI PRAFULLA KUMAR ..... Plaintiff Through: Mr Preetam Kr Sinhe, Adv versus SMT. RAJ RANI & ORS ..... Defendant Through: Mr Dilip Singh, Adv

CORAM:

DR. SATINDER KUMAR GAUTAM (DHJS), JOINT REGISTRAR (JUDICIAL)

O R D E R

% 02.12.2016 IA No. 10950/2016 (u/S 151 CPC for transferring the matter to the concerned District Court filed by the Defendant) Notice of this IA accepted by counsel for the plaintiff and strongly opposed the contentions raised therein with the submission that alleged authorized representative defendant is not a competent person to file this application and defendant has not complied with order dated 25.05.2015 by paying the cost.

On the contrary, counsel for the defendant submits that valuation of the suit property for the purpose of pecuniary jurisdiction is less than two crores and suit property as well as cause of action arose in Shalimar Bagh which within the jurisdiction of North District as such requested to sent the matter before the Ld District & Session Judge (North District), Rohini Court.

In view of notification no 27187/DHC/Orgl. Dated 24.11.2015 & in exercise of powers conferred by Section 4 of the Delhi High Court (Amendment) Act, 2015 (Act 23 of 2015), which came into force with effect from 26.10.2015 vide Notification No. F. No. L-19015/04/2012-Jus dated 26.10.2015 issued by the Government of India, Ministry of Law, Justice & Company Affairs, published in Gazette of India Extraordinary, Part-II, Section 3 Sub Section (ii), the present matter stands transferred to the jurisdictional subordinate courts.

Hence, in view of the submission and circumstances, let the matter be sent to the Ld District & Session Judge, (North District) Rohini Court.

Parties be directed to appear before the Court of Ld District & Session Judge (North District), Rohini Court on 15.02.2017. The suit files be made available to the Ld District & Session Judge (North District) at Rohini Court on the date fixed. Accordingly, IA stands allowed and disposed of. DR. SATINDER KUMAR GAUTAM (DHJS) JOINT REGISTRAR (JUDICIAL) DECEMBER 02, 2016 SK