Raj Kumar Jain & ORS v. Prem Kumar Jain & ORS

$~A-41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 716/2016 RAJ KUMAR JAIN & ORS ..... Petitioners Through Mr. A.S.Chandhiok, Sr. Advocate with Mr. Rajat Aneja, Ms.Shweta, Ms. Rashmi and Ms.Puja Jain, Advocates.

versus PREM KUMAR JAIN & ORS ..... Respondents Through Mr. Rahul Gupta and Mr. Shekhar Gupta, Advocates for R-1 to 5 with R-2 & 3-inperson.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 27.07.2016 CM No. 26541/2016(exemption) Exemption is allowed subject to all just exceptions. CM(M) 716/2016 and CM No. 26542/2016(directions) By the present petition, it is pointed out that the present suit was originally filed before this High Court. Subsequent to the amendment in the High Court Act, the suit which was for the purpose of pecuniary jurisdiction valued at Rs.1 crore was transferred to the trial court. Thereafter, the petitioners moved an application for amendment of the plaint whereby they substituted the valuation of the plaint from Rs. 1 crore to Rs.20cores. The application was allowed as it was not opposed by the learned counsel for the

respondents.

By the present petition, the petitioners pray that the said suit along with all the original record be transferred before this court to be adjudicated upon by an appropriate court. Learned counsel appearing for the respondents has no objection to the transfer of the suit to this court. This petition is accordingly allowed to that extent. The suit No.139/2016 titled as "Raj Kumar Jain vs. Prem Kumar Jain & Ors." pending in the court of Shri Lalit Kumar, ADJ-1 (South East) Saket Courts, New Delhi is transferred to this court and be listed before the concerned JR on 29.08.2016. All consequential steps may be taken by the petitioners on account of the amendment.

Copy of the order be given dasti under the signatures of the Court Master to both the parties.

JAYANT NATH, J JULY 27, 2016 rb