Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 27 CS SCJ 795/25 BIMLA Vs. KRISHAN
19.05.2026
Present: Sh. Kamal Jindal Ld. Counsel for plaintiff.
Sh. J.C. Vashisht Ld. Counsel for defendant
through VC.
It is observed that despite previous directions,
learned counsel for the plaintiff has not rectified the
valuation of the suit and has instead maintained that the suit
is correctly valued.
It is noted that on 24.03.2026, while allowing
the application under Order VI Rule 17 CPC, it was recorded
that the plaintiff had sought relief of declaration to the effect
that the Will executed by Sh. Vijender Kumar in favour of
Ms. Kiran be declared null and void, along with injunction
against creation of third-party rights in the suit property and
other consequential injunctions.
At that stage, the valuation for the relief of
declaration was mentioned as Rs.200/-, which was found to
be improper, and the plaintiff was categorically directed to
rectify the valuation. However, learned counsel for the
plaintiff has now asserted that the valuation is correct and has
indicated his intention to move an application seeking recall
of the order dated 24.03.2026.
Be that as it may, it is evident that the plaintiff
has not complied with the earlier directions regarding
rectification of valuation qua the relief of declaration.
Furthermore, the valuation of the suit for the purpose of
jurisdiction has been stated as Rs.36,00,000/- in para 23 of
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the amended plaint. Consequently, this Court does not
possess the pecuniary jurisdiction to entertain the suit.
Learned counsel for the plaintiff, Sh. Kamal
Jindal, has submitted that there exist judicial precedents to
the effect that even if the suit is valued beyond the pecuniary
jurisdiction of the Court, the Court may still proceed by
considering the nature of relief claimed. This Court is unable
to agree with the said submission. However, in view of the
repeated request made by learned counsel for the plaintiff,
one opportunity is granted to place on record such citations,
subject to deposit of costs of Rs.2,000/- with DLSA.
Put up on 04.08.2026.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/19.05.2026
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