Ajay Jain v. Vakil Chand Jain And Others

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1939/2012 AJAY JAIN ..... Plaintiff Through:

Plaintiff in person.

versus VAKIL CHAND JAIN AND OTHERS ..... Defendants Through:

Mr. P.K.Aggarwal, Adv. for D-1/ counter-claimant Counter-claimant in person

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 22.02.2016 1.

Counsel for the counter-claimant on instructions from the counter-claimant who is present in court states that counter-claim is not being pursued. Ordinarily, I would not have jurisdiction to allow withdrawal of the counter-claim but in the facts of the present case where the counterclaimant is 82 years of age, I exercise powers under Section 24 CPC read with Article 227 of the Constitution of India to pass the order for withdrawal of the counter-claim. Accordingly, counter-claim is disposed of as withdrawn.

2.

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 (North West), Rohini Courts Delhi. 3.

Let parties appear before the District & Sessions Judge (North West), Rohini Courts Delhi on 31st March, 2016. Suit file be made available to the District & Sessions Judge (North West), Rohini Courts Delhi on the date fixed.

VALMIKI J. MEHTA, J FEBRUARY 22, 2016 ib