Order 1

Order Details: COPY OF ORDER
Pdf Text: CS DJ 709/24
JYOTSNA NIJHAWAN AND ANR Vs. RAJAT
CHAUDHARY
08.08.2024
Fresh suit received by way of assignment. It be checked and
registered.
Present: Sh. Ankur Katyal and Sh. Nakul Khanna Ld.
counsel for the plaintiff.
Heard. Record perused.
It seems that though the arrears of Rs. 18,90,000/-
has been claimed but court fee thereon has not been filed. Even
court fee for possession of the property has not been paid. This is
clearly contrary to the law and therefore the suit cannot be
properly treated as instituted in terms of Order 4 Rule 1 CPC.
Plaintiff is granted time to furnish the deficient court fee. This
opportunity is granted under Order 7 Rule 11 CPC. One month
time shall be available with the plaintiff for furnishing the court
fee.
There is a further defect in the suit. Suit has been
filed on the basis of power of attorney but the copy as available
in the file shows that despite having been executed out of India,
compliance of Section 18 of Stamp Act has not been made. The
court cannot act upon such a photocopy. Unless therefore the
plaintiff brings a duly stamped power of attorney, he cannot treat
herself entitled to present the plaint.
List for further proceedings on 03.10.2024.
(Rakesh Kumar Singh)
DJ-02/(N-W), Rohini Courts
Delhi/08.08.2024
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