High Court of DelhiC.RULE/1/2014

Sudarshan Kumar Gupta & ORS v. Shakuntla Devi & ORS

2017-05-11Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.RULE 1/2014 & I.A. No.11439/2013 SUDARSHAN KUMAR GUPTA & ORS ..... Petitioners Through Mr. J.K. Srivastava and Ms. Bharti Jain, Advs.

versus SHAKUNTLA DEVI & ORS ..... Respondents Through Ms. Nandini Sahni, Adv for D-2 to D9.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 11.05.2017 Learned counsel for defendants No.2 to 9 has drawn attention of this Court to paras 37 & 38 of the plaint. The valuation of the suit property is contained in the said paragraphs; they read as under:- "37. That since the value of the properties of the trust in question which are subject matter of the present application and of the suit to be filed are within the pecuniary jurisdiction of this Hon‟ble court as such this Hon‟ble Court has jurisdiction to try the present application for grant of leave to file the suit.

38.

That the proper Court fees of Rs.500/- has been affixed on the plaint."

Admittedly the Court Fee of Rs.500/- has been affixed on the plaint which would in valuation of the property which is admittedly less than Rs.One crore. In terms of Office Order dated 24.11.2015 which refers to Notification No.27187/DHC/Orgl. dated 24.11.2015

in exercise of powers conferred by Section 4 of the Delhi High Court (Amendment) Act which has come into force from 26.10.2015 issued by the Government of India, Ministry of Law and Justice and Company Affairs (published in the Gazette), the present suit needs to be transferred (in view of the enhancement of jurisdiction of this Court) to the District Division. This Court has been informed that the suit property falls in Chandni Chowk; the concerned District would be the Central District.

Parties are directed to appear before the District and Sessions Judge, Central District on 07.07.2017 who will either try the case himself or assign to any other Court of competent jurisdiction. Complete record of the case be sent to the District and Sessions Judge, Central District forthwith.

INDERMEET KAUR, J MAY 11, 2017