Full Order Text
Interim Order 2 · 02 Jun 2026 · CNR DLNT030009462026
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 8 CS SCJ 630/26 SMT. RAJWANTI Vs. SMT. SUSHMA 02.06.2026 Present: Sh. Kamal Ld. Proxy Counsel for plaintiff through VC. The plaintiff has moved an application under Section 9 CPC, assailing the observations recorded in the order dated 20.05.2026 and seeking issuance of summons. Reliance has been placed upon the Full Bench judgment in Shiela Devi v. Kishan Lal Kalra, ILR (1974) II Delhi (FB) 491, to contend that the plaintiff is at liberty to assign any valuation of his choice and that the Court has no jurisdiction to interfere with such valuation. Heard. At the outset, it is pertinent to mention that the reliance is misplaced. The said judgment itself clarifies that valuation of suits is subject to the provisions of Section 9 of the Suits Valuation Act, 1887 and the rules framed thereunder. Rule 8 of the Rules framed by the Hon’ble High Court of Delhi (Chapter 3, Vol. I, Part-C) categorically stipulates that in a suit for partition, for purposes of the Suits Valuation Act, the valuation must be determined on the basis of the value of the whole of the property, as per Sections 3, 8 and 9 of the Suits Valuation Act. In such circumstances, the plaintiff is mandatorily required to value the suit for jurisdictional purposes at the market value of the entire property. It is impermissible for the plaintiff to arbitrarily assign a valuation of his choice. As it is not mentioned as to what is -- 1 of 2 -- the area of the property of which the partition has been sought, it cannot be ascertained as to how the valuation has been done. Further, the pleadings are insufficient as share cannot be ascertained in a property of which the measurement has not been mentioned. Accordingly, the plaintiff is directed to rectify the valuation of the suit in accordance with law within two weeks from today, failing which appropriate orders shall be passed. The application under Section 9 CPC is dismissed. Be put up for consideration on 10.07.2026. Copy of this order be given dasti to the parties. (Nitish Kumar Sharma) JSCC/ASCJ/GUDN. JUDGE North, Rohini Courts,Delhi/02.06.2026 -- 2 of 2 --