R P BAJAJ vs SHIELA KAPUR & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 25.06.2025 + FAO 318/2016 R P BAJAJ .....Petitioner versus SHIELA KAPUR & ANR .....Respondents Advocates who appeared in this case For the Petitioner : Mr. Pramod K. Ahuja and Mr. Anshul Sharma, Advocates. For the Respondents : None. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J INTRODUCTION: 1. The Appellant who is the original Plaintiff has challenged the judgment dated 05.12.2015 (“Impugned Judgment”) passed by the learned Additional District Judge-04, South District, Saket Courts, New Delhi (“ADJ”), whereby the learned ADJ remanded the Suit of the Appellant to the learned Civil Judge-02, (South), Saket Courts, New Delhi (“Trial Court”) along with direction to afford an opportunity to the Appellant to Signature Not Verified FAO 318/2016 Page 1 of 12 Signed By:NEELAM SHARMA Signing Date:25.06.2025 17:03:42 correct valuation of the Suit for the purpose of court fees and jurisdiction and to pay requisite fees at the market value of the property bearing No. 13, Kaushalya Park, Hauz Khas, New Delhi (“suit property”). The learned ADJ held that the Appellant has sought declaration of ownership with regard to the suit property along with the consequential relief of permanent injunction and as such was required to pay ad valorem court fees, as per section 7 (iv)(c) or section 7 (v)(e) of the Court Fees Act, 1870 (“Court Fees Act”) after valuing the suit property at the market value. 2. The Appellant is aggrieved by the judgment dated 05.12.2015 passed by the learned ADJ, inter alia, on the grounds that (i) the Impugned Judgment has not taken into consideration the provisions of the Suits Valuation Act, 1887 (“Suits Valuation Act”) and (ii) the learned ADJ has failed to consider that in another