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2016 Supreme(Del) 3294

SANJIV KHANNA, RAJIV SAHAI ENDLAW, R.K.GAUBA
SUBHASHINI MALIK – Appellant
Versus
S. K. GANDHI – Respondent


Advocates Appeared:
For the Appellant : Mr. Samar Bansal, Mr. Vinayak Mehrotra and Mr. Adit S. Pujari, Advs.
For the Respondent: Mr. Niraj Kumar Mishra, Mr. Shobhan Mahanti and Mr. Sanjay Baranawal, Advs.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. Hon‘ble the Chief Justice has constituted this Bench pursuant to the order dated 27th April, 2016 of the learned Single Judge of this Court in I.A. No.3857/2016 supra of the plaintiff for amendment of the plaint to enhance the valuation of the suit for the purposes of jurisdiction. The relevant paras of the order dated 27th April, 2016 (reported as 2016 SCC Online Del 2497) are reproduced herein below:

“6. Accordingly, let the present file be placed before Hon‘ble the Chief Justice for constituting a larger Bench as regards whether the judgment in Mahesh Gupta’s case (supra) has rightly been interpreted and applied to the ratio of the judgment in Kamal Sharma’s case (supra) especially the last line of para 7 of Mahesh Gupta’s case (supra). In my respectful opinion, the larger Bench may also decide the issue as to whether a court which does not have pecuniary jurisdiction to entertain the suit, such court can entertain an application to amend the plaint to bring the suit plaint within the pecuniary jurisdiction of the court.

7. After obtaining the appropriate orders of Hon‘ble the Chief Justice, list the matter before the larger Bench for considerati




























































































































































































































































































































































































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