Interim Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 32 CS SCJ 104/24
DIMPLE AGGARWAL Vs. ANOOP SINGH
10.02.2025
Present: Ms. Arushi Gupta, Ld. Proxy Counsel for plaintiff
Ms. Tina Kataria, Ld. Counsel for defendant.
Arguments heard on application under Order VI Rule 17
CPC.
It is submitted by Ld. Counsel for plaintiff that the present
application has been filed to amend the plaint in compliance of order
dated 19.10.2024. Per contra, it is submitted by Ld. Counsel for
defendant that the plaintiff is not in possession of the suit property and
has not filed proper court fee for the same.
Perusal of the case file shows that while adjudicating
application under Order VII Rule 11 CPC, the plaintiff was directed to
value the suit for the purpose of pecuniary jurisdiction and court fee for
each relief.
Further, plaintiff has sought the relief of injunction only, for
which, as per the Court Fees Act, the Plaintiff is given liberty to value
the suit as per his discretion. It was further observed in order dated
19.10.2024 that on perusal of para 9 of the amended plaint, it is clear
that plaintiff has not valued the suit for relief sought. Vide the present
application, plaintiff has sought to value the suit at Rs. 130 each for the
relief of permanent and mandatory injunction, upon which it is stated
that a court fee of Rs. 20 has been affixed. The argument advanced by
Ld. Counsel for defendant that the Plaintiff should have valued the suit
at the market value of the suit property is not tenable at this stage
because the said contention was taken by the Defendant in application
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CS SCJ 104/24
DIMPLE AGGARWAL Vs. ANOOP SINGH
under Order VII Rule 11 CPC as well, which has already been decided.
Further, by way of the present amendment, the plaintiff merely seeks to
value the relief of injunction in compliance of order dated 19.10.2024.
Accordingly, application stands allowed. Amended plaint is taken on
record.
Perusal of the case file shows that Plaintiff has not placed
on record the deficit court fee till date. Plaintiff is directed to file the
deficit court fee within one week from today.
Be taken up on 01.05.2025.
(ANKITA BHATIA)
CIVIL JUDGE (NORTH)
ROHINI/DELHI/10.02.2025
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