Vinay Gupta and Anr. Vs Ajay Kumar Gupta & Ors. — Delhi HC (2025) — LawSathi Research

Vinay Gupta and Anr. Vs Ajay Kumar Gupta & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted; exemption application (CM APPL. 60239/2025) allowed; revision petition and pending applications disposed of without prejudice, all rights and contentions left open, with liberty to file a fresh jurisdiction application before the Trial Court if the proposed special leave petition succeeds.

Issue for consideration

Whether the suit (CS DJ 1603/2018) has been properly valued for the purposes of court fee and jurisdiction — the common foundation of both the petitioner's application under Order VII Rule 10 CPC and the earlier application under Order VII Rule 11 CPC +1 more

Court's answer

Both the Order VII Rule 10 CPC and Order VII Rule 11 CPC applications turn on the same underlying argument that the suit has been undervalued, and this argument has already been repelled by the Trial Court and upheld by this Court.

Ratio / Principle

The revision petition, alongwith pending applications, stands disposed of in those terms, without prejudice to the rights and contentions of the parties; all rights and contentions are left open.

Key takeaways

In the event the petitioner succeeds in the proposed proceedings before the Supreme Court, it will be open to the petitioner to file a fresh application pertaining to the question of jurisdiction before the Trial Court.ratio¶¶21

Detailed headnote1 paragraphs

High Court of Delhi (Justice Prateek Jalan), order dated 11.11.2025, disposed of civil revision petition C.R.P. 270/2025 brought by Vinay Gupta and Anr. — the petitioner being defendant No. 3 in suit CS DJ 1603/2018, a declaration-and-injunction suit by respondents Nos. 1 and 2 over immovable property A-232, Okhla Industrial Area, Phase-1, New Delhi, pending before the learned District Judge, South-East, Saket — assailing the Trial Court's order dated 07.05.2025 rejecting his application under Order VII Rule 10 of the Code of Civil Procedure, 1908. The Court observed that the very question of valuation of the suit for court fee and jurisdiction had already been adjudicated when the Trial Court rejected the petitioner's application under Order VII Rule 11 of CPC on 24.03.2022, and that the petitioners' prior revision (C.R.P. 55/2022) against that rejection had been dismissed by this Court by judgment dated 21.08.2025; counsel stated that a special leave petition against that judgment was in the process of being filed. Since both applications turned on the same undervaluation argument already repelled by the Trial Court and upheld by this Court, and counsel for the parties concurred, the petition and all pending applications were disposed of without prejudice to the parties' rights and contentions, all of which were expressly left open; should the petitioner succeed before the Supreme Court, it will be open to him to file a fresh jurisdiction application before the Trial Court. Exemption application CM APPL. 60239/2025 was allowed.

$~5

IN THE HIGH COURT OF DELHI AT NEW DELHI

C.R.P. 270/2025

VINAY GUPTA AND ANR .....Petitioners Through: Mr. Abhimanyu Tewari, Mr. Manav Bhalla and Ms. Sujata Piplani, Advocates

versus

AJAY KUMAR GUPTA & ORS. .....Respondents Through: Mr. Rahul Malhotra and Ms. Sneha Agarwal, Advocates for R-1 and 2 Ms. Kritika Gupta and Ms. Vidushi Singhania, Advocates for R- 3/DDA (VC)

CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 11.11.2025

CM APPL. 60239/2025 (for exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

C.R.P. 270/2025, CM APPL. 60238/2025 (for stay) & CM APPL. 60240/2025 (for condonation of 12 days’ delay in filing the appeal)

The petitioner, who is defendant No. 3 in CS DJ 1603/2018, pending before the learned District Judge, South-East, Saket, assails order dated 07.05.2025, by which his application under Order VII Rule 10 of the Code of Civil Procedure, 1908 [“CPC”], was rejected by the Trial Court.

The suit has been filed by the respondents Nos. 1 and 2 herein for

C.R.P. 270/2025 Page 1 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2025 at 12:07:24

declaration and injunction in respect of an immovable property bearing No. A-232, Okhla Industrial Area, Phase-1, New Delhi.

The contention of the petitioner herein turns on a question of valuation of the suit for the purposes of jurisdiction. However, the Trial Court has held that this very question had already been adjudicated on consideration of an application under Order VII Rule 11 of CPC, which was rejected on 24.03.2022. The said order dated 24.03.2022 notes that the petitioner had contended that the suit had not been properly valued for the purposes of court fee and jurisdiction. Upon dismissal of the application, the petitioners approached this Court in revision by way of C.R.P. 55/2022, which was dismissed by a judgment dated 21.08.2025. 4. Mr. Abhimanyu Tewari, learned counsel for the petitioner, states that the petitioner is in the process of filing a special leave petition against the judgment of this Court dated 21.08.2025. 5. For the present, however, it is undisputed that the fate of both the applications - under Order VII Rule 10 of CPC and under Order VII Rule 11 of CPC, turn on the same underlying argument that the suit has been undervalued. This argument has already been repelled by the Trial Court, which has been upheld by this Court.

Learned counsel for the parties therefore concur that this revision petition may be disposed of, without prejudice to the rights and contentions of the parties before the Supreme Court, in the event a special leave petition is filed. In the event, the petitioner succeeds in the proposed proceedings before the Supreme Court, it will be open to the petitioner to file a fresh application pertaining to the question of jurisdiction, before the Trial Court.

C.R.P. 270/2025 Page 2 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2025 at 12:07:24

Accordingly, the present petition, alongwith pending applications, stands disposed of in the aforesaid terms, without prejudice to the rights and contentions of the parties. All rights and contentions are left open.

PRATEEK JALAN, J

NOVEMBER 11, 2025 Dy/AD/

C.R.P. 270/2025 Page 3 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2025 at 12:07:24