Yashpaul Devgan v. Adarsh Nirman Cooperative Group Housing Society And ANR

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 19/2016, CMs No.1056/2016 (for filing additional documents), 1057/2016 (for condonation of delay of 78 days in filing the appeal) & CM No.1058/2016 (for condonation of delay of 161 days in refiling the appeal) YASHPAUL DEVGAN ..... Appellant Through:

Mr. Rajendra Sahu, Adv.

Versus

ADARSH NIRMAN COOPERATIVE GROUP HOUSING SOCIETY AND ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 13.01.2016 CM No.1059/2016 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

RFA 19/2016 1.

This appeal under Section 96 of the Code of Civil Procedure, 1908 impugns the order dated 27th March, 2015 of the Court of Sh. Rajesh Malik, Civil Judge (North), Delhi rejecting the plaint in CS No.32/2014 preferred by the appellant under Order VII Rule 11 of the CPC. 2.

A perusal of the plaint shows that the valuation of the suit for the purpose of pecuniary jurisdiction was Rs.130/-. 3.

This Court is not the Court of minimum pecuniary jurisdiction to entertain the appeal.

RFA 19/2016

4.

The Registry has failed to do the appropriate scrutiny. 5.

Worthy Registrar General to look into the lapse and take remedial measure.

6.

Upon the same being brought to the notice of the counsel for the appellant, he seeks to withdraw the appeal with liberty to approach the appropriate fora.

7.

Dismissed as withdrawn with liberty aforesaid in accordance with law.

No costs.

RAJIV SAHAI ENDLAW, J JANUARY 13, 2016 'gsr'..

RFA 19/2016