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2023 Supreme(Del) 3504

SUBRAMONIUM PRASAD
Arvind Kumar – Appellant
Versus
Manoj Kumari – Respondent


Advocates appeared:
Mr. Rajeev Saxena, Advocate, for the Petitioner.
Mr. Jogender Kumar, Advocate, for the Respondent-4.

JUDGMENT

1. By way of this revision petition, the Petitioner seeks to challenge an Order dated 14.03.2023 passed by the learned Additional District Judge, Rohini Courts in CS DJ No.638/2021 dismissing an application filed by the Petitioner for rejection of the plaint of Respondent No.1 herein under Order VII Rule 11 CPC.

2. The Respondent No.1 herein is the Plaintiff in a suit for declaration, partition possession, rendition of accounts, recovery of rent and permanent injunction.

3. The impugned order reveals that the Plaintiff had valued the suit property at Rs.85,00,000/-. The Petitioner herein filed an application under Order VII Rule 11 CPC praying for rejection of the plaint stating that the suit has not been valued properly and appropriate court fee has not been affixed.

4. It is stated in the application that the father of the Petitioner had executed a Will dated 07.08.2009 in favour of the Petitioner and the suit of the Plaintiff is not maintainable on the ground that no cause of action as alleged arise in Delhi and, therefore, suit of the Plaintiff is not maintainable. The application further states that the value of the property is more than Rs.5,00,00,000/- and the C

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