DELTON CABLES LTD Vs. KISHORE KUMAR SHARMA

JUDGEMENT

(1.) Present petition has been filed under Article 227 of the Constitution of India, on behalf of the petitioner, in which it is prayed that impugned Order dated 2nd July, 2007, passed by Additional District Judge, Delhi, be set aside. Vide impugned order, application of the petitioner filed under Order 7 Rule 10 and 11 Read with Section 151 Code of Civil Procedure (for short as ,Code) was dismissed. In the application, petitioner itner alia made the prayer to direct the respondents to pay court fee on market value of suit premises and allow him to proceed with the suit only after he has paid the requisite court fee for the relief of possession of suit property in accordance with Section 7 Clause (v) of the Court Fee Act.

(2.) Brief facts of this case are that respondents herein, filed a suit for recovery of possession, rent etc against the petitioner herein, in the year 1994. Petitioner filed his Written Statement in the year 1996. Parties have led their respective evidence and matter is listed before trial court for final arguments, when present application was filed.

(3.) It is contended by learned counsel for the petitioner that trial court has mis applied Section 7 (xi) of Court Fee Act, 1870 to the suit whereas in terms of specific pleadings of the plaintiffs/respondents the suit was governed under Section 7 (v) of the Court Fee Act. The resultant effect of the impugned order is that it erroneously alters the jurisdiction of the suit. In case Section 7 (v) of the Court Fee Act is applied, the suit has to be valued on basis of market value of the suit property which undoubtedly is much more than Rs. 20,00,000.00 today as well as on the date of filing the suit. The error therefore, attains seriousness since it results in giving jurisdiction to the Court, which otherwise does not have the pecuniary jurisdiction to try and entertain the suit. In support of its contentions, Learned counsel cited following judgments;