NARENDAR SINGH Vs. INDIAN INSTITUTE OF ARCHITECTS

JUDGEMENT

(1.) THE appellant claims to be aggrieved by an order rejecting his application for rejection of the Plaintiff's plaint. The appellant shall be hereafter referred to as such or the defendant; the Plaintiff shall be referred to as the plaintiff.

(2.) IN 1999, the plaintiff filed a suit against the present Appellant seeking, inter alia, recovery of the plot bearing No. 4, Institutional Area, Lodhi Road, New Delhi before the Delhi High Court, as CS (OS) No. 1918/1999 ("the suit property"). The Plaintiff had valued the suit property at Rs. 10 lakhs. On 17.06.2003, the pecuniary jurisdiction of the Delhi District Courts was increased and the suit was transferred to the Learned Additional District Judge, Tis Hazari Courts, where the proceedings continued from the stage at which they were transferred. By then, issues too had been framed.

(3.) THE Plaintiff filed I.A. No. 5779/2010 before this Court requesting that the original plaint be taken on record, and that the matter be proceeded with from the stage at which the Learned District Judge had heard it. A learned Single Judge granted the relief, and in an ex parte order dated 03.05.2010, took the original plaint on record as requested by the plaintiff. Subsequently, the Learned Single Judge by an order dated 20.5.2010 held that since the plaint was returned by the Additional District Judge at the time of final arguments, the suit would be heard by this Court from that stage, and not de novo.