NEENA BANSAL KRISHNA
Sandip Kumar Roy Choudary & Mr. Harsh V. Agarwala – Appellant
Versus
Indian Plumbing Association Through Its President Mr. Gurmit Singh Arora – Respondent
JUDGMENT
Neena Bansal Krishna, J. -
I.A. 4632/2021
1. An application under Order VII Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') has been filed on behalf of the defendant for return of the plaint on the ground of suit valuation.
2. It is submitted in the application that the plaintiff has filed the suit for declaration for declaring the Resolution no. 4 passed in the National Executive Committee (NEC) Special Meeting no. IPA/NEC Spl. Mtg./02 held on 11.12.2020 as illegal, arbitrary, null and void and also for injunction for restraining the defendant Company from giving it effect and operation.
3. The defendant Association has filed a Written Statement. The defendant has asserted in the application that in terms of the Section 15 of CPC, every suit instituted in the Court of the lowest grade competent to try it. The plaintiffs have grossly overvalued the present suit which has no nexus with the cause of action and is an abuse of process of law. The plaintiffs have dishonestly and intentionally inflated the value of the suit with an object to bring within the jurisdiction of this Court. The Arbitrary and whimsical value of ?2,00,
Abdul Hamid Shamsi v. Abdul Majid (1988) 2 SCC 575
Commercial Aviation and Travel Co. v. Vimla Pannalal (1988) 3 SCC 423
Mahesh Gupta v. Ranjit Singh & Ors. (2009) 159 DLT 624 (DB)
Meenakshi Sundaram Chettiar v. Venkatchalam Chettiar (1980) 1 SCC 616
P. Rama Rao v. Srikakulam Municipality AIR 1993 AP 255
Padmavati Mahajan v. Yogender Mahajan and Anr. (2008) 152 DLT 363
Parbha v. Suraj Bhan & Ors. AIR 1935 All. 157
Sathappa Chettiar v. Ramanathan Chettiar AIR 1958 SC 245
Shakuntala Rani v. Rajesh Bhatt (Deceased) through Lrs. 80 (1999) DLT 98 (DB)
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