Deepak Pal v. Inder Pal Singh & ORS

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2448/2014 & I.A. No.15335/2014 DEEPAK PAL ..... Plaintiff Through:

Mr. M. S. Bansal, Adv.

versus INDER PAL SINGH & ORS ..... Defendants Through:

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 30.09.2016 O.A. No.94/2016 (filed by the defendants against the order of Joint Registrar dated 13.10.2015), I.A. No. 5292/2016 (for condonation of delay in filing appeal) & I.A. No.5293/2016 (under Section 5 of Limitation Act for delay in re-filing of appeal) Heard.

Learned counsel for the plaintiff fairly concedes to the date in this application stating that on account of delay tactics adopted by the defendants, the proceedings are held up, in as much as even the transfer of the case on account of change of pecuniary jurisdiction has not taken place for these reasons. The applications for condonation of delay are allowed. Original appeal against the order dated 13.10.2015 is granted. The written statement filed by the defendant shall now be taken on board. CS (OS) 2448/2014 Having regard to the valuation put to the relief claimed in the suit, the case is to be transferred to the court of District Judge.

Learned Counsel for the plaintiff submits that having regard to the allocation of the property in question, the suit would fall within the territorial jurisdiction of District Judge (Central), Tis Hazari. The case is transferred to the District Judge (Central) at Tis Hazari where the parties shall appear for further proceedings on 09th November, 2016. The District Judge (Central) may in his discretion keep the matter on his board or allocate it to the appropriate court of Additional District Judge under his control.

File shall be sent by the Registry well in time. R.K.GAUBA, J SEPTEMBER 30, 2016/ssc