Allowed

Shri Prafulla Kumar v. Smt. Raj Rani & Ors.

Delhi HC2 Dec 2016CS(OS)/907/2008

Case brief

AI extract

What is this about?

Joint Registrar disposed of an application for transferring the civil suit from Delhi High Court to the jurisdictional District Court based on valuation and cause of action arising in Shalimar Bagh, citing specific notifications and the Delhi High Court (Amendment) Act, 2015.

What did the court decide?

Matter transferred to District & Session Judge (North District), Rohini Court; parties directed to appear on 15.02.2017.

Shri Prafulla Kumar Vs Smt. Raj Rani & Ors. — Civil Procedure and Limitation | Delhi HC (2016)

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$~8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 907/2008

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SHRI PRAFULLA KUMAR ..... Plaintiff

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Through: Mr Preetam Kr Sinhe, Adv

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versus SMT. RAJ RANI & ORS ..... Defendant Through: Mr Dilip Singh, Adv

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CORAM:

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DR. SATINDER KUMAR GAUTAM (DHJS), JOINT REGISTRAR (JUDICIAL)

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O R D E R % 02.12.2016

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IA No. 10950/2016 (u/S 151 CPC for transferring the matter to the concerned District Court filed by the Defendant)

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Notice of this IA accepted by counsel for the plaintiff and strongly opposed the contentions raised therein with the submission that alleged authorized representative defendant is not a competent person to file this application and defendant has not complied with order dated 25.05.2015 by paying the cost.

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On the contrary, counsel for the defendant submits that valuation of the suit property for the purpose of pecuniary jurisdiction is less than two crores and suit property as well as cause of action arose in Shalimar Bagh which within the jurisdiction of North District as such requested to sent the matter before the Ld District & Session Judge (North District), Rohini Court.

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In view of notification no 27187/DHC/Orgl. Dated 24.11.2015 & in exercise of powers conferred by Section 4 of the Delhi High Court (Amendment) Act, 2015 (Act 23 of 2015), which came into force with effect from 26.10.2015 vide Notification No. F. No. L-19015/04/2012-Jus dated 26.10.2015 issued by the Government of India, Ministry of Law, Justice & Company Affairs, published in Gazette of India Extraordinary, Part-II, Section 3 Sub Section (ii), the present matter stands transferred to the jurisdictional subordinate courts.

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Hence, in view of the submission and circumstances, let the matter be sent to the Ld District & Session Judge, (North District) Rohini Court.

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Parties be directed to appear before the Court of Ld District & Session Judge (North District), Rohini Court on 15.02.2017.

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The suit files be made available to the Ld District & Session Judge (North District) at Rohini Court on the date fixed.

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Accordingly, IA stands allowed and disposed of.

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DR. SATINDER KUMAR GAUTAM (DHJS) JOINT REGISTRAR (JUDICIAL)

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DECEMBER 02, 2016 SK

Shri Prafulla Kumar v. Smt. Raj Rani & Ors.

Case brief

What is this about?

What did the court decide?

Shri Prafulla Kumar v. Smt. Raj Rani & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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