Ram Mohan Marwaha & Ors. v. Swedesh Marwaha @ Nisha & Ors.
Case brief
What is this about?
This order addressed a suit for partition of property in New Delhi. The court determined it lacked pecuniary jurisdiction due to the property value exceeding the statutory limit. Consequently, the suit was directed to be transferred to a District & Sessions Court.
What did the court decide?
Transferred to District & Sessions Judge, South District, Saket Courts, New Delhi.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CS(OS) 962/2008 & CC No.82/2009
RAM MOHAN MARWAHA & ORS. ..... Plaintiffs Through Mohd. Nizamuddin Pasha, Adv. for plaintiff nos.1A & 1B Mr. Aman Mehta, Adv. for plaintiff nos.2 & 4.
versus
SWEDESH MARWAHA @ NISHA & ORS. ..... Defendants Through Mr. Rakesh Kakar, Adv. for D-1A Mr. Vipin K. Saini, Adv. for D-3 to 5
CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R % 04.03.2016
- Both the suit and counter claim are with respect to partition of
property i.e F-1/9, Hauz Khas Enclave, New Delhi. The pecuniary jurisdiction of the suit for partition as well as the counter claim of the property for partition is around Rs.1,00,00,130/-, therefore, this Court will
not have pecuniary jurisdiction to try the present suit.
- An Office Order dated 24.11.2015 has been issued by Hon’ble the Chief Justice in exercise of powers conferred by Section 4 of the Delhi High
Issues for consideration
1 issue framed by the court
Whether the High Court of Delhi has pecuniary jurisdiction to try a suit for partition involving a value exceeding the statutory limit.
Coram
Valmiki J. Mehta
Case details
As recorded by the court registry
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