Omkar Nath Tiwari v. Smt Jagmohini Sangwan & ORS

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2264/2013, I.A. No. 13 687-13688/2015, O.A. No. 260/2015 OMKAR NATH TIWARI ..... Plaintiff Through:

Mr. Pankaj Kumar, Advocate.

Versus

SMT JAGMOHINI SANGWAN & ORS ..... Defendants Through:

Mr. Rajesh Kajla, Advocate along with Mr. Bijender Mehta, Advocate along with defendant no. 2 in person.

CORAM:

HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 18.11.2016 I.A. No. 13688/2015 (application under Section 5 Limitation Act read with Section 151 CPC) For the reasons stated in the application, delay in filing of the O.A. is condoned.

O.A. No. 260/2015 It is submitted on behalf of the plaintiff that he has no objection if the ex-parte order against the defendants be allowed subject to heavy cost.

In view of the submission and interest of justice, OA is allowed subject to cost of Rs. 25,000/- and the defendants are directed to file their written statement within 30 days from today and rejoinder thereafter within four weeks.

CS(OS) 2264/2013 & I.A. No. 13687/2015 It is also apparent from the pleadings that the plaintiff has valued his suit to a sum of Rs. 50 lacs. The pecuniary jurisdiction therefore lies with the District Courts Delhi.

Matter be sent to Principal District Judge (Tis Hazari) for assigning it to the court of proper jurisdiction. Parties are directed to appear before the learned Principal Judge, District Court on 28.11.2016.

DEEPA SHARMA, J NOVEMBER 18, 2016 sapna