The time for correction of valuation shall not be extended unless exceptional circumstances are pleaded, and the refusal to extend such time would cause grave injustice to the plaintiff.

JUDGMENT

Gaurang Kanth, J. (Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

C.M. No. 9646/2023 (exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

RFA 163/2023

3. In the present appeal, the appellants (original plaintiffs) are assailing the impugned judgement and decree dated 03.11.2022 ("Impugned Judgment") passed by the learned Additional District Judge (ADJ)-05 (Central District), Tis Hazari Courts, Delhi in CS DJ 915/21 titled as Jay Shankar Kumar and Ors. Versus Capri Global Housing Finance Ltd. and Anr..

4. Learned Trial Court, vide the impugned judgement, was pleased to reject the suit filed by the appellants on an application filed by the Respondent under Order VII Rule 11 CPC.

5. The appellants have filed a certificate as per the High Court Rules stating that complete Trial Court record is placed before this Court. Learned counsel for the appellant states that the appeal may be heard today itself and no date for hearing of the appeal be fixed as contemplated by sub-rule 1 of Rule 11 of Order 41 of the Code of Civil Procedure 1908.

6. With the consent of learned counsel for the appellants the appeal is set down for final hearing.

7. Learned counsel for the appellants filed suit for permanent, mandatory injunction and damages to the tune of Rs.25 lakhs against the respondents. Learned Trial Court, vide order dated 26.07.2022, directed the appellant to value the suit property for the purpose of jurisdiction and court fees and to pay deficient court fees, if any, within 7 days. In order to cure the said defect, the appellant filed an amendment application on 06.10.2022, however, relevant paragraph regarding valuation of the suit for the purpose of jurisdiction and court fees was not clear. Hence, the said amendment application was returned by the learned Trial Court and the appellant was granted further time to rectify the mistake. On 03.11.2022, proxy counsel appeared on behalf of the appellant and submitted that the main counsel is not available as he is suffering from dengue. However, the learned Trial Court refused to adjourn the matter and rejected the plaint on the ground that despite opportunities appellant failed to rectify the valuation regarding jurisdiction and court fees.

8. Learned counsel for the appellant further submits that it was an inadvertent bona fide mistake on the part of learned counsel for the appellant that valuation of the suit qua jurisdiction and court fees was not mentioned with clarity. However, in order to rectify the said mistake, he filed an application for amendment of the plaint on 06.10.2022, which was returned by learned Trial Court with direction to file the same with better particulars.

9. Learned counsel further states that on 03.11.2022, the main counsel was on his way to appear before learned Trial Court with the amendment application when the impugned judgment was passed. Learned counsel for the appellant further submits that the appellant was not negligent in pursuing the matter and it was an inadvertent mistake for which he wants to address the learned Trial Court, which was disallowed.

10. Learned counsel for the appellant further submits that if he gets one more opportunity, he will rectify the mistake regarding valuation of the suit qua jurisdiction and court fee.

11. This court has examined the complete records placed by the appellant including the orders passed by the learned Trial Court. On perusal of record, it shows that appellant filed the plaint before the learned Trial Court with blanks. The paragraph 18 of the plaint wherein valuation and court fee is required to be mentioned reads as under:

"18. That the court fees for the purpose of valuation of mandatory and prohibitory relief is fixed at Rs.________ and court fees for the purpose of valuation of damages is fixed at Rs.__________ and the same has been affixed. This Hon'ble Court has pecuniary jurisdiction to enter