DEPAK GUPTA Vs. PRAVEEN KUMAR GUPTA

JUDGEMENT

(1.) THIS revision petition is directed against a part of the order dated 26.07.2010 of the Administrative Civil Judge (ACJ) whereby he dismissed the application of the respondent/defendant under Order 7 Rule 11 CPC and simultaneously directed the petitioner/plaintiff to amend the suit as per Section 7 (v) (e) of the Court Fee Act and to value the suit on the basis of the market value of the suit premises.

(2.) THE petitioner has filed a suit for mandatory and permanent injunction against the respondent seeking possession of one room in flat No. 40, Meena Apartment, 78, I.P.Extension, Patparganj, Delhi (hereinafter referred to as the 'suit premises'). Both the plaintiff and the defendant are the brothers and living in the suit premises. The plaintiff/petitioner had filed the suit on the averments that the defendant was a licensee in respect of a room in the suit premises. It was further averred that the respondent was allowed to use the drawing room, dining room, kitchen and common bathroom with his family members and the father.

(3.) IT is this part of the impugned order whereby the petitioner has been directed to amend the plaint and value the suit on the basis of the market value of the property, that has been assailed by the petitioner. The respondent defendant whose application under Order 7 Rule 11 CPC was disposed seems to be satisfied with the impugned order.