An order granting exemption under CM No. 26541/2016 to transfer a civil suit originally filed in the trial court to the High Court of Delhi at New Delhi.
The suit No.139/2016 pending in the lower court is transferred to this court and listed for 29.08.2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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
% 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
2 issues framed by the court
Whether the suit filed in the trial court should be transferred to this High Court for adjudication.
Whether the exemption sought for transferring the suit should be granted.
RAJ KUMAR JAIN & ORS
PREM KUMAR JAIN & ORS
JAYANT NATH
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
