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DELHI HIGH COURT
C.HARI SHANKAR
Harminder Singh Suri – Appellant
Versus
Amrik Singh Suri – Respondent
| Table of Content |
|---|
| 1. judicial review of application under cpc. (Para 1 , 2 , 3) |
| 2. limitations on adj's powers under cpc. (Para 4 , 5 , 16 , 20) |
| 3. overview of the procedural history. (Para 6 , 10 , 12 , 13) |
| 4. details of the valuation controversy. (Para 7 , 8 , 9 , 11 , 14 , 15) |
| 5. arguments raising contradictions in valuation admissions. (Para 17 , 18 , 19) |
| 6. deciding application based solely on plaint assertions. (Para 21 , 22 , 23 , 24) |
| 7. conclusion and dismissal of petition. (Para 25 , 26) |
1. This petition under Article 227 of the Constitution of India assails the order dated 4th July 2022 passed by the learned Additional District Judge ("the learned ADJ") on an application under Order VII Rule 101 preferred by the petitioner, as the defendant before the learned ADJ, in Civ. DJ 9500/2016 (Amrik Singh Suri v. Harminder Singh Suri).
2. At the outset, it is important to note the prayer in the application of the petitioner, under Order VII Rule 101 of the Code of Civil Procedure, 1908 (CPC), which reads thus:
"It is, therefore, most respectfully prayed that the Hon'ble Court may graciously be pleased to either firstly frame a Preliminary Issue with regard to the valu
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 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 valuation of a suit is determined by the nature of the relief claimed, not solely by the market value of the property involved.
Section 2 (2) C.P.C which defines the expression “decree” and thereafter held that definition of decree in Section 2 (2) C.P.C shall be deemed to include an order rejecting a plaint.
A petition under Article 227 of the Constitution of India is maintainable against non-appealable orders of Commercial Courts despite restrictions in the Commercial Courts Act, preserving the High Cou....
Unconscionable laches can bar relief in petitions under Article 227; courts will not interfere unless there are grave abuses or derelictions.
All amendments necessary for determining the real issue in controversy between the parties must be allowed, and the fact that the amendment may be belated cannot be a ground to disallow the amendment....
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