Rajendra Nath Gupta v. Ravindra Nath Gupta & ANR

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO 374/2017 & CM APPL. 34218/2017, CM APPL. 34220/2017 RAJENDRA NATH GUPTA ..... Appellant Through:

Ms. Astha Gupta and Mr. Sameer Vashisth, Advocates.

versus RAVINDRA NATH GUPTA & ANR ..... Respondents Through:

Mr. Sanjeev Mahajan, Advocate.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 30.01.2018 CM APPL. 34219/2017 Allowed, subject to all just exceptions.

The application stands disposed off.

FAO 374/2017 & CM APPL. 34218/2017, CM APPL. 34220/2017 The impugned order has directed return of the plaint for want of jurisdiction, however, since the plaint has been amended to enhance its jurisdiction to over 2 crores, it is the appellant's case that the suit should be transferred to this Court instead of returning the plaint. The learned counsel for the respondent states that he has no objection to the same and indeed he could have none.

In the circumstance, the suit is directed to be transferred to this Court. The impugned order is set aside and the appeal is allowed in the above terms.

Upon the suit being transferred to this Court, it be registered. List on 22.02.2018.

Copy of this order be given 'dasti' to the parties under the signature of the Court Master.

NAJMI WAZIRI, J JANUARY 30, 2018 RW