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2013 Supreme(Del) 1428

M.L.MEHTA
Bhupender Singh Bhalla – Appellant
Versus
Neelu Bhalla @ Neelam Singh – Respondent


Advocate Appeared:
For the Plaintiff:Achal Gupta, Advocate.
For the Defendant:N.N. Aggarwal, Rohit Gandhi, Varun Garg, Manpreet Kaur, Advocates.

Judgment :

M.L. Mehta, J.

1. The above listed three applications are being disposed by this order. The plaintiff filed

I.A. 5885/2013 Under Order 12 Rule 6 CPC praying for a decree against the defendant in terms of prayers (a), (b) and (e) of the plaint. The defendant filed an application under Order 7 Rule 11 CPC seeking rejection of plaint under clauses (b) and (c) of Order 7 Rule 11 CPC stating that the suit is grossly undervalued and the requisite court fees has not been paid as per Court Fees (Delhi Amendment) Act, 2012. Another application being I.A. 1992/2012 is filed by the defendant under Sections 33, 35 and 38 of Indian Stamp Act read with Section 49 of Registration Act, 1908 stating that lease agreement which is relied upon by the plaintiff is unregistered and not properly stamped and thus could not be read in evidence and was liable to be impounded.

2. The respective applications are contested by the parties. I.A. 5885/2013 (application on behalf of plaintiff under Order 12 Rule 6 r/w Section 151 CPC)

3. So far as the application under Order 12 Rule 6 of the plaintiff is concerned, the defendant states, and rightly so, that there is no unambiguous and categoric admissio


























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