SUDHA GUPTA & ANR. vs GURMEET SINGH MATHAROO

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th March, 2025 + CM(M) 1399/2022 & CM APPL. 54011/2022 SUDHA GUPTA & ANR. .....Petitioner Through: Mr. Sanjeet Singh, Advocate. versus GURMEET SINGH MATHAROO .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The petitioners are defending a suit which seeks injunction and monetary compensation. 2. The grievance relates to dismissal of their application moved under Order VII Rule 11 CPC. 3. According to petitioners, the concerned Court of learned District Judge did not have pecuniary jurisdiction to try and entertain such suit, as the same had been undervalued. 4. However, when asked, learned counsel for petitioner, very fairly, submitted that the issues have already been framed by the learned Trial Court by order dated 07.01.2023 and one of the issues is:- “Whether the suit is beyond the pecuniary jurisdiction of this Court?” 5. After hearing arguments for some time, learned counsel for petitioner submits that, at the moment, the petitioner would be satisfied if the learned Trial Court is requested to consider the abovesaid issue at appropriate stage, Signature Not Verified Digitally Signed CM(M) 1399/2022 1 By:SONIA THAPLIYAL Signing Date:20.03.2025 10:57:49 without being prejudiced by order dated 05.09.2022 which is under challenge in the present petition. 6. He also submits that he would also make appropriate request before the learned Trial Court to treat the abovesaid issue as a preliminary issue. 7. The present petition is, accordingly, disposed of with the observation that, as and when, the abovesaid issue of pecuniary jurisdiction is decided by the learned Trial Court, such decision is made in accordance with law, without being prejudiced by its earli