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2009 Supreme(Del) 593

MUKUL MUDGAL, VALMIKI J.MEHTA
Mahesh Gupta – Appellant
Versus
Ranjit Singh – Respondent


Advocates appeared:
For the Appellant :Chetan Sharma, Sr. Adv. with S.K. Tiwari, Ms. Rajeshwari Hariharan, Advocates.
For the Respondents:R1 to 3, Mohan Vidhani, Rahul, R4, M.K. Miglani, Advocates.

Judgment :-

Valmiki J. Mehta, J.

1. The present appeal challenges the order dated 16.2.2009 of the learned Single Judge whereby the learned Single Judge has returned the plaint for presentation to the court of appropriate pecuniary jurisdiction by upholding the preliminary objection as to the non-maintainability of the suit before the court on the ground of lack of pecuniary jurisdiction.

2. It is worthwhile at this stage to reproduce the relevant para 29 of the plaint which pertains to the valuation of the suit for pecuniary jurisdiction and which runs as under:-

“ a) For an order of permanent injunction restraining Defendants; this is valued for Court fee and jurisdiction at Rs.200/- and the Court fee of Rs.20/- is affixed thereon.

b) For an order of permanent injunction restraining Defendants from passing off, this relief is valued for purposes of Court fee and jurisdiction at Rs.200/- and Court fee of Rs.20/- is affixed thereon.

c) For an order of delivery up, this relief is valued for purpose of Court fee and jurisdiction at Rs.200/- and Court fee of Rs.20/- is affixed thereon.

d) For an order of rendition of amounts; this relief is tentatively valued for purposes of Court


















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