R.C.LAHOTI
D. P. BHALLA – Appellant
Versus
CEMENT CORPORATION OF INDIA LIMITED – Respondent
( 1 ) THIS suit for recovery of money and a decree of declaration, valued at Rs. 1,09,218. 50 for the purpose of Court fee and jurisdiction was filed in Delhi High Court ( Original Side) on 20. 12. 1985 in accordance with the pecuniary jurisdiction conferred on this Court by Section 5 (2) of the Delhi High Court Act, 1966.
( 2 ) SECTION 5 (2) of the Delhi High Court Act, 1966, conferred ordinary original civil jurisdiction on the High Court of Delhi in every suit the value of which exceeds Rs I lakh. The Delhi High Court (Amendment) Act, 1991 which came into force on 9-11-92 substituted the words Rs. 5 lakhs in place of Rs. 1 lakhs in Section 5 (2) of Delhi High Court Act, 1966 and thereby raised the minimum value of pecuniary jurisdiction of Delhi High Court (Original Side ). Section 4 of the Amendment Act which made provision for the transfer of pending suits and proceedings from the High Court to Subordinate Courts conferred power on the Chief Justice in the following terms. "4. The Chief Justice of the High Court of Delhi may transfer any suit or other proceedings which is or are pending in the High Court immediately before the commencement of this Act and in which
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