Determination of pecuniary jurisdiction of Delhi High Court

Pecuniary jurisdiction value for filing of the suit was mentioned in para 22 of the plaint and which para-22 reads as under:-

“22. That the purpose of court fee and jurisdiction the suit is valued
for the relief as mentioned as below:
i.  For the relief of partition at Rs. 77,00,000/-
ii.  For the relief of possession of 1/7th share at
Rs.11,00,000/-
iii.  For the relief of permanent injunction Rs.130/-
iv.  For the relief of rendition of account Rs.200/- and Ad
valorem court fees has been paid.”

Thus the total value of the suit for the purpose of pecuniary jurisdiction is therefore Rs.77,00,000/- +Rs.130 + 200. Therefore, the jurisdiction value is less than Rs. 2 crores, and in any case less than Rs. 1 crore. This suit has been filed on 2.11.2015 i.e after 6.10.2015 when Delhi High Court (Amendment) Act, 2015 was notified.

Section 5 of the Delhi High Court Act,1966 pertains to the value for pecuniary jurisdiction of the Delhi High Court. Sub-Section 2 of the said Act specifies the pecuniary value when the High Court will exercise ordinary original civil jurisdiction. This Section 5(2) before amendment thereof by the 2015 amending Act reads as under:-

“5. Jurisdiction of High Court of Delhi
(1)
(2)
……….
Notwithstanding anything contained in any law for the time
being in force, the High Court of Delhi shall also have in respect of
the said territories ordinary original civil jurisdiction in every suit the
value of which exceeds [rupees twenty lakhs]”

Continue reading “Delhi High Court: Pecuniary Jurisdiction after Amendment of 2015” →