Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF CIVIL JUDGE-01, CENTRAL DISTRICT, TIS
HAZARI, DELHI
CS SCJ 1630/25
Poonam Garg vs A L Arora
Note: The present order was reserved by the undersigned on
14.10.2025 and post transfer, the undersigned is giving the order in
compliance of transfer order no.41/DHC/GAZ/G-7/VI.E.2(a)2025
dated 17.10.2025
ORDER:-
1. Vide this Order, I shall decide an application under Order VII
Rule 11 CPC filed by the defendant for rejection of plaint.
SUBMISSIONS OF THE APPLICANT/DEFENDANT
2. It is stated in the present application that the present suit is not
maintainable in the present form before this Court as it lacks jurisdiction
and cause of action. It is argued on behalf of the defendant that a
designated Commercial Court set up up under Commercial Courts Act,
2015 has jurisdiction to try the present suit as the present case involves
commercial dispute and the suit property was leased for commercial
purpose.
SUBMISSIONS OF NON-APPLICANT/PLAINTIFF
3. Per contra, it is argued on behalf of the plaintiff, by way of
written reply, that for a suit to be tried by designated Commercial Court
set up up under Commercial Courts Act, 2015, the subject matter must
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be Rs. 3 lacs and more. Thus, the application deserved dismissal.
DISCUSSION OF APPLICABLE LAW AND
FINDINGS OF THE COURT
4. The latest amended Pecuniary Jurisdiction of Commercial Courts
is mentioned in The Commercial Courts, Commercial Division And
Commercial Appellate Division Of High Courts (Amendment) Act,
2018, which provides as under:
Sec.3(1A):- Notwithstanding anything contained in
this Act, the State Government may, after
consultation with the concerned High Court, by
notification, specify such pecuniary value which
shall not be less than three lakh rupees or such
higher value, for whole or part of the State, as it
may consider necessary.
5. The plaintiff has valued the present suit for purpose of jurisdiction
at Rs. 1,20,000/- which is the yearly rent of tenanted premises. Since the
value of subject matter of suit property is below Rs. 3 lacs, this Court
has jurisdiction to try the present suit. Therefore, the ground of rejection
of plaint for want of jurisdiction of this Court is not sustainable.
6. The applicant has also stated that there is no cause of action to file
the present suit, but there is no reason attributed for the same. The
applicant has not explained, as to how, the present suit is devoid of
cause of action. Thus, the same can’t be considered and accepted as a
valid ground for rejection of plaint, at this stage.
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7. In light of the aforesaid discussion, it is clear that the present
application is devoid of merits and accordingly, the same is dismissed.
8. Application stands disposed of accordingly.
Announced in the open Court
on 11.11.2025
(Sahil Khurmi)
The then Civil Judge-01/Central/THC/Delhi
Presently Posted as Principal Magistrate,
Juvenile Justice Board-IV, Vishwas Nagar, East District,
Karkardooma.
11.11.2025
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