Final Order 1

Order Details: Other
Pdf Text: 18.02.2021
53
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
ST 5606/2020
@ NM 1888/20
Exh. 03
Plff Suresh Bhatia present.
Adv Samadhan Kashid h/f Adv Atish Kaningdhwaj for plff
present.
Adv H. K. Vazirani @ Puspa Goswami for deft no. 1 and 2
present.
Plff filed application for withdrawal of suit with liberty to file
fresh suit on the ground that valuation of suit property i.e.
flat no. 501 and 503 are above Rs. 1 Crore. t.o.r.
Adv for deft no. 1 and 2 orally opposed the application.
Perused the plaint.
It appears that suit is valued as per section 6(iv)(j) of Court
Fees Act and Court fees of Rs. 600/ was paid.
However as per office objection to prayer clause (a), suit is
for declaration of ownership in respect of suit flats are to be
valued as per section 6(iv)(d) of the Court Fees Act.
As per submissions of Adv for plff, valuation of suit flats are
more than Rs. 1 Crore.
Hence this Court has no pecuniary jurisdictions to try this
suit.
In view of above facts, following order is passed below
Exh. 1
Order
1. Application (Exh. 03) for withdrawal of suit with
liberty to file fresh suit is allowed.
2. Suit be disposed of.
3. It be register for statistical purpose.
4. Notice of Motion 1888/20 is accordingly disposed of.
5. Proceeding is closed.
Judge
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