ANURAG SANT vs ANUPRIYA VIJ & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:06.08.2025 Judgment pronounced on: 21.08.2025 + FAO(OS) 173/2024, CM APPL. 71085/2024, CM APPL. 73925/2024 & CM APPL. 27986/2025 ANURAG SANT .....Appellant Through: Mr. Ashok Kumar Singh, Senior Advocate along with Mr. Rakesh Chaudhary, Mr. Rajeev Chauhan, Mr. Rajat Joshi, Ms. Eesha Garg and Ms. Saloni Singh, Advocates. versus ANUPRIYA VIJ & ANR. .....Respondents Through: Mr. Shekhar Gupta, Mr. Mehendra Pratap and Mr. Anand Mishra, Advocates. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The Appellant has preferred the present Appeal assailing the correctness of the order dated 28.08.2024 (hereinafter referred to as the “Impugned Order”) passed by the learned Single Judge of this Court in CS(OS) 52/2022, titled as Anupriya Vij and Anr. vs. Anurag Signature Not Verified FAO(OS) 173/2024 Page 1 of 13 Signed By:JAI NARAYAN Signing Date:22.08.2025 11:50:24 Sant. By the Impugned Order, the learned Single Judge dismissed I.A. No. 11295/2022 in CS(OS) 52/2022, filed by the Appellant/Defendant therein under Order VII Rule 11(b) of the Code of Civil Procedure, 19081, seeking rejection of the plaint on the ground of non-payment of appropriate ad valorem Court Fees based on the correct valuation of the concerned suit property. The Respondents/Plaintiffs therein have instituted the aforesaid Civil Suit, which is currently pending before the learned Single Judge. FACTUAL MATRIX: 2. The relevant facts, necessary for adjudication of the present Appeal, are briefly stated as under: i. The parties in the present matter are the children and Class-I legal heirs of Late Shri Shiv Chand Sant (deceased on 17.12.2020) and Late Smt. Vijaya Sant (decea