# MAM CHAND @ M.C. MAHESH vs SHRI VIJAY KUMAR KHANNA AND ORS

Court: Delhi High Court
Date: 2025-04-17
Citation: CM(M)-693/2025 2025:DHC:2706
Petitioner: MAM CHAND @ M.C. MAHESH
Respondent: SHRI VIJAY KUMAR KHANNA AND ORS

[Official PDF on Delhi High Court website](https://delhihighcourt.nic.in/app/showFileJudgment/60917042025CMM6932025_190159.pdf)

## Judgment text (excerpt)

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17th April, 2025 CM(M) 693/2025 & CM APPL. 22387/2025 MAM CHAND @ M.C. MAHESH .....Petitioner Through: Petitioner in person. versus SHRI VIJAY KUMAR KHANNA AND ORS .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner appears in person. 2. The petitioner had filed a suit seeking ejectment and permanent injunction. 3. However, when the abovesaid suit was taken up by the learned Trial Court on 09.01.2025, holding that the plaintiff had failed to value the suit properly and had not submitted the proper Court fee as prescribed under law, the suit has been rejected under Order VII Rule 11 CPC. The petitioner filed an application seeking recall of the abovesaid order but such application also did not find any favour with the learned Trial Court. Such orders are under challenge. 4. As per Section 2(2) of CPC, by way of deeming fiction, a rejection of a plaint also amounts to decree and since the impugned order rejects the plaint and has been passed by the Court of learned Commercial Civil Judge, appeal 5. Since an efficacious remedy by filing an appeal against the impugned order d

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