Delhi District Court
Surjeet Kumar vs Aarushi Sachdeva on 15 December, 2025
IN THE COURT OF SH. VAIBHAV CHAURASIA, LD. ASCJ-CUM-
JSCC-CUM GUARDIAN JUDGE, SOUTH WEST DISTRICT,
DWARKA, NEW DELHI
CS No. 762/23
CNR No. DLSW03-001852-2023
In the matter of:-
1. SH.SURJEET KUMAR
S/O LATE SH.SHAM LAL
R/O FLAT N0-204, PEEPAL APARTMENT
SEC-17 C, DWARKA, NEW DELHI-110078
.........PLAINTIFF
VERSUS
1. MS. AARUSHI SACHDEVA
D/O SH. AMRESH SACHDEVA
R/O C-14 B, VIJAY NAGAR
SINGLE STOREY, DELHI-110009
.......DEFENDANT
Date of Institution : 04.07.2023
Reserved for Judgment : 10.11.2025
Date of Decision : 15.12.2025
JUDGMENT
Suit for Recovery of Rs. 52,000/- alongwith pendentelite interest @ 18% p.a.
1. The present suit is filed by the plaintiff thereby praying for a decree of Rs. 52,000/- alongwith pendentelite interest @18% per annum and for payment of a sum of Rs. 50,000/- as compensation and damages.
CS No. 762/2023 Page no. 1 of 6 2. Plaintiff's case (i) Briefly stated, the case of the plaintiff is that defendant approached
the plaintiff for matrimonial disputes between defendant & her husband and defendant wanted the plaintiff to take their cases further. That the defendant met plaintiff in Vegas mall, Dwarka wherein the defendant discussed her problems with the plaintiff.
(ii) That after some days the defendant again took appointment from the plaintiff and the defendant came and discussed about the other litigation/cases to the plaintiff.
(iii) That it was decided that the plaintiff as an Advocate will file all cases for the defendant in the court and also send the reply of the case which was filed by the defendant's husband and his family. That it was agreed that defendant will pay INR 40,000 (forty thousand) for taking up both the cases pending in Rohini District court (HMA and MT). Thereafter INR 2,000 per hearing/per case whenever the plaintiff will give appearance as an advocate in the court regarding the cases of the defendant.
(iv) That later in the month March 2023 the defendant approached the plaintiff again and requested to file DV case against her husband and his family. That it was decided that defendant would pay INR 35000 (Thirty- five thousand) for filing the DV case and Rs. 2000/- for each hearing in the DV case.
(v) That the defendant showed inability to make the payment in one shot so looking at defendant's situation the plaintiff agreed to receive the payment on monthly basis which was decided in installments. That initially the defendant made the payments on time. That in the month of April 2023 the defendant started making excuses one after another for not making the CS No. 762/2023 Page no. 2 of 6 payments.
(vi) That the plaintiff requested the defendant to make the payment of the fee in the beginning of May 2023, however the defendant started making excuses and thereafter, in the end of May 2023 the plaintiff sent many messages on whatsapp to defendant for making the pending payments of INR 52000 (Fifty-two thousand). That in the month of May the defendant called the plaintiff and informed him that she is going to engage another lawyer for her cases so the plaintiff should not appear in her cases any further. That the plaintiff informed the defendant to pay the balance of Rs 52,000/- and collect the case file but there was no response from the defendant side and neither the defendant made payment of the remaining fee of plaintiff.
(vii) That plaintiff served legal notice upon the defendant which was acknowledged by internet delivery report on 10.06.2023 at 15:03pm. That the plaintiff requested the defendant several times through telephonic calls for release of the said outstanding payment, but the defendant has always been dilly dallying the same on one pretext or the other.
(viii) That the defendant is liable to pay the said principal balance amount of Rs. 52,000/- along-with interest @ 18% p.a from the date of due till actual realization of the said sum.
(ix) That the plaintiff is a practicing advocate in various courts and due to acts of defendant, the plaintiff suffered mental torture and harassment for which the plaintiff is also liable for compensation for a total sum of Rs. 50,000/-. Hence the present suit.
CS No. 762/2023 Page no. 3 of 6 3. Defendant's case
Defendant failed to file WS within prescribed period. Hence, the right to file WS by defendant was closed vide order dated 27.01.2024.
4. Plaintiff's evidence Plaintiff Surjeet Kumar examined himself as PW-1 and tendered in evidence his affidavit Ex. PW1/A, wherein averments made in the plaint have been reiterated. He also relied upon the following documents:-
a. Photocopy of my Aadhaar Card is Ex.PW1/1 (OSR). b. Photocopy of Whatsapp chats are Ex.PW1/2 (colly). c. Legal notice dated 08.06.2023 alongwith original postal receipt are Ex.PW1/3 (colly).
d. Tracking report of delivery of legal notice is Ex.PW1/4. e. Certificate u/s 65B of Indian Evidence Act is Ex.PW1/5.
Plaintiff's evidence was closed on 27.09.2025 and the matter was adjourned for final arguments as right of defendant to file WS was struck off on 27.01.2024.
5. I have gone through the judicial record. Now I shall give my findings.
6. The present case has been filed for recovery of advocate's fees of Rs. 52,000/- and damages of Rs. 50,000/-. It is the case of plaintiff that the plaintiff, who is an advocate will take up 3 cases of defendant i.e. divorce petition, which is HMA/1500/2021, maintenance petition i.e. Mt case/517/2021, domestic violence petition i.e. Ct case/409/2023.
CS No. 762/2023 Page no. 4 of 6 Plaintiff had proposed to charge his fees as Rs 40,000/- with respect to divorce petition & maintenance petition and Rs. 35,000/- with respect to domestic violence petition and Rs. 2000/- for each hearing which stands admitted as written statement was taken off the record. However, well admitted in paragraph 4 and 5 of written statement. In present case, though written submissions cannot be read for purpose of defence of defendant, however, since affidavit of defendant is on record, the admission can be looked into and in case in such event as written statement is of the record, the statements are deemed to be admitted. The defendant herein states that she has paid Rs. 75,000/- out of Rs. 55,000/-, which have been paid through UPI and have vehemently opposed that such amount as have been asserted by the plaintiff is due. However, since written statement have been taken off the recovery such defence cannot be taken by defendant. The only scope of the defendant is to demolish the case of the plaintiff on the basis of material which have been placed on record.
7. The onus to prove with respect to advocate legal fee due is upon the plaintiff. It is admitted by the plaintiff in his cross examination dated 03.08.2024 that no written agreement was signed regarding fee with defendant. In view of the fact that defendant has deemed to have admitted Rs. 40,000/- qua maintenance & divorce petition and Rs 35,000/- with respect to domestic violence case and Rs. 2,000/- for each hearing, in total the documents that have been placed on record reveals that the plaintiff herein has appeared before Ld Family court on 16.11.2022, 13.12.2022, 02.01.2023, 04.02.2023, 26.04.2023, 06.05.2023 (in total six proceedings) which is charged @ Rs. 2,000/- per hearing as per plaint. In total the amount due as per on record is Rs. 87,000/- on the part of plaintiff. It is in CS No. 762/2023 Page no. 5 of 6 cross examination dated 31.08.2024, the plaintiff has admitted that he has received the sum of Rs. 11,000/- on 11.01.2023, Rs 15,000/- and Rs. 10,000/- on 07.02.2023, Rs. 4000/- on 10.04.2023 and Rs. 2000/- on 29.12.2022, Rs 5000/- on 15.11.2022 which turns out to be Rs. 48,000/-. Therefore, as per calculation the legal amount due to plaintiff is Rs 87,000/- out of which defendant has proved, as per admission in cross examination of plaintiff, that she has paid Rs. 48,000/- and the balance amount of Rs. 39,000/- is due to plaintiff. Henceforth the plaintiff is entitled for the sum of Rs 39,000/- to be decreed in favour of plaintiff and against the defendant.
8. Accordingly, the suit of plaintiff is decreed and plaintiff is entitled to recovery of Rs. 39,000/- alongwith interest @7% p.a. from the date of filing of suit till the date of its realization. No compensation is awarded to the plaintiff.
9. Cost of the suit is also awarded in favour of plaintiff and against the defendant.
10. Decree sheet be prepared accordingly.
11. File be consigned to record room after due compliance.
Digitally signed
by VAIBHAV
VAIBHAV CHAURASIA
CHAURASIA Date: 2025.12.15
Announced in the Open Court 15:57:31 +0530
on 15.12.2025. (Vaibhav Chaurasia)
JSCC/ASCJ/GJ:S-W:
Dwarka Courts: New Delhi
CS No. 762/2023 Page no. 6 of 6