Himachal Pradesh High Court
M/S Banjara Mountain Retreat vs . Hira Nand Sharma on 29 December, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
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M/s Banjara Mountain Retreat vs. Hira Nand Sharma CS No.96/2021 29.12.2022 Present: Mr. Ajay Vaidya, Advocate, for the plaintiff.
Mr. Shrawan Dogra, Sr. Advocate with Mr. Tejasvi Dogra, Advocate, for the defendant.
Though today, the matter was listed for consideration on application bearing OMP No.651/2022, under Order 7 Rule 11 read with section 151 of the Code of Civil Procedure for rejection of the plaint, but before the same could be heard and decided, learned counsel representing the plaintiff stated that on account of the change in pecuniary jurisdiction, case at hand is required to be sent to the Court of learned District Judge. He further stated that since the present suit has been filed for recovery of damages to the tune of rupees one crore, this Court has no jurisdiction to hear the same, as such, same may be sent to the Court of learned District Judge.
Aforesaid submissions made by learned counsel for the plaintiff has been seriously opposed by learned Senior counsel representing the defendant, who vehemently argued that suit for damages to the tune of rupees one crore alongwith prayer for injunction has been filed and for that purpose, Court fees to the tune of Rs.1,05,500/- has been affixed and as such, it cannot be declared that this Court has no jurisdiction to try the suit.
Mr. Ajay Vaidya, learned counsel representing the plaintiff submitted that the matter may be adjourned enabling him to have instructions whether relief, as prayed for injunction is being pressed by the plaintiff or not.
In view of the above, list on 4th January, 2023.
(Sandeep Sharma) Judge 29th December, 2022 (CS) ::: Downloaded on - 30/12/2022 20:33:30 :::CIS