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GAURANG KANTH
Jay Shankar Kumar – Appellant
Versus
Capri Global Housing Finance Ltd. – Respondent
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 a
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.
Point of law: Court Fee - It is evident that the Court has to find cut that the claim is under valued. Then at least require the plaintiff to correct the valuation and fix a time to pay deficit Court....
A suit which has not been properly valued and proper court fee has not been paid, can rejected in terms of Order 7 Rule 11 of CPC.
The court affirmed that jurisdiction and suit valuations must be based solely on amended pleadings in accordance with procedural laws, rejecting external assertions not contained in the plaint.
A defendant must file a written statement to dispute the plaintiff's valuation; reliance on external valuation certificates by the court is an improper basis for rejecting a plaint.
The valuation of the suit property and the court fee to be paid are matters of trial and the defendants shall be at liberty to lead evidence at that stage. While deciding an application under Order V....
Timely compliance with orders for amendment and court fees is mandatory, with failure resulting in dismissal for non-prosecution; dismissal is not automatic upon failure to pay fees without a specifi....
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