Md Amin & ORS v. Shri Saneh Kumar Mittal & ORS

$~OS-13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 2365/2009 MD AMIN & ORS ..... Plaintiff Through None versus SHRI SANEH KUMAR MITTAL & ORS ..... Defendants Through None

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 22.10.2018 This matter has been fixed on the directions of the Registry. The matter came up for hearing on 18.12.2009 when this court had directed that approximate value of land as stated in the plaint was Rs.20,00,500/-. Plaintiff was directed to file an affidavit stating that he has verified the quoted value and it is the present market value on which he has filed the court fee. He was also directed to stand by this value when the matter comes up before the Court for hearing. Liberty was also granted to the plaintiff to correctly evaluate the land in question and affix appropriate court fees on the valuation so done. Despite the above order the matter has been lingering on and was adjourned on several dates on the request of the plaintiff. On 5.7.

2011 Joint Registrar passed an order stating that it was for the plaintiff to assess the proper market value of the suit property in terms of the Court Fees Act and file proper valuation slips and pay the court fees. The matter was directed to be listed only after such valuation and payment of court fee is complied with by the plaintiff.

5.7.2011. Despite lapse of more than seven years from that date plaintiff has taken no steps to pursue the matter or to pay the appropriate court fees. Suit is dismissed in default. All pending applications, if any, also stand disposed of.

JAYANT NATH, J OCTOBER 22, 2018 n