Rohtash Singh vs Ram Mehar
2015 Latest Caselaw 7022 Del

$~19
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2435/2015 & IAs No.16746-47/2015
       ROHTASH SINGH                                  ..... Plaintiff
                         Through : Mr. N.P. Singh, Advocate

                         versus

       RAM MEHAR                                         ..... Defendant
                         Through : None.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 16.09.2015

1. On the last date of hearing, it was noted that the Registry has

raised objection with regard to the maintainability of the suit on the

ground of non-payment of ad valorem court fees. While the plaintiff

has valued the suit premises at Rs.11.55 crores in para 27 of the

plaint, the court fees that has been paid is Rs.26/-. The plaintiff was

directed to make good the deficiency in the court fee. However, the

said order has not been complied with till date.

2. Counsel for the plaintiff seeks leave to withdraw the present suit,

while reserving the right of his client file a fresh suit for the same relief

by affixing ad valorem court fees thereon in accordance with the

valuation of the suit premises and by incorporating certain other

relevant averments therein.

3. Leave, as prayed for, is granted. The suit is dismissed as

withdrawn, along with the pending applications.

4. As and when a fresh suit is filed by the plaintiff, the same shall

be considered in accordance with law.

HIMA KOHLI, J SEPTEMBER 16, 2015 sk