• Power of ADJ for deciding jurisdiction in partition suit in Dwarka court Delhi

What is the power of ADJ in Suit for partition for deciding Juridiction of court. Means what is the amount .
Is relief amount calculated for Jurisdicyion poeer or total amount is jncluded for calculations of jurisdictions. 
Mother of deceased son is plaintiff and daughter in law is defendent.Mother is asking for relief amojnt of 75 lacs out of insurance policy of deceased son for which daughter in law has got amount in bank . Application under 12/6was filed by plaintiff lawyer. On the date of order defendent lawyer filed 11/7 and the case was again listed for misc arguements. 
AMOUNT OF 75 LACS ASKED FOR BY MOTHER INLAW was from insurance policies of rs2.5 cr of and balance provident funds and mutual funds.Now after 1 yr of submissions snd arguements... when order was breing given by ADJ .on 12/6... Defendent lawyer filed 7/11 saying that it doesnt fall in Juridiction of ADJ and it has to be shifted to High court.
Now question is..
.1. IS 7/11 FILED BY DEFENDENT LAWYER VALID AS FAR AS JURISDICTION IS CONCERNED. 
2. Is insurance amount included for deciding Juridiction of court or only fixed property or land are considered 
3. Is relief sought only included for deciding Juridiction of court or Total amount of 3 cr is considered 
4. Under what section or any previous court orders of Delhi court or Supreme court this can be refuted
Asked 5 years ago in Civil Law

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16 Answers

1. The defence lawyer is raising the question of the pecuniary jurisdiction of the case at this moment.

If the claim amount does not fall within the pecuniary jurisdiction of the said court, then it may have to be filed before high court, you may wait for the trial court to pass an order in the application filed under Order vii rule 11 CPC by the defence lawyer.

2. The claim amount may include the Insurance claim, value of the proeprty and other terminal benefits on the basis of which the court may decide about the pecuniary jurisdiction.

3. It depends on how strongly your advocate objects his petition seeking to reject the plaint.

4. You have to file the counter under the same section by which he has filed the petition seeking to reject the plaint.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

 Yes the petition under Order VII Rule 11 can be filed even at that stage before passing an order.

It may be a dilly dallying tactics too, however you rely upon your lawyer and instruct him to strongly object to this petition filed by the defence lawyer.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. No that is not maintainable. 

2. Yes amount do subject to jurisdiction. 

3. Amount sought. 

7/11 can be filed but here it is just a delay tactic. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If the suit is with regard to recovery, rent, partition, sale, redemption, determination of right of immovable property, it shall be instituted in the court within the local limits of whose jurisdiction the property is situated.

2) in present case it is within pecuniary jurisdiction of district court as amount claimed is Rs 75 lakhs 

 

3) pecuniary relief sought has to be as per pecuniary jurisdiction of district court 

4) The pecuniary jurisdiction of the District Courts of Delhi has been enhanced from ₹ 20 lakh to ₹ 2 crore.with effect from26 th October  2015

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- Order 7 Rule 11 of the Code of Civil Procedure  delineates the grounds on which a plaint can be rejected. The grounds are:

  1. The plaint does not disclose cause of action
  2. The relief claimed is undervalued

1. The pecuniary jurisdiction of civil courts is now Rs 2 crore. 
- Since , mother in laws claim for 75 lacs only , then it come under the jurisdiction of ADJ , and if 7/11 applied on this ground , then not maintainable. 

2. The court will consider the amount dully mentioned in the petition 

- Any amount limited to the sum of Rs. 2 crore weather insurance or property.

3. You should file reply of the said application . 

- As per law, this application can be filed at any stage, and it may be delaying tactic as well. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir/Madam,

As per the order of the High Court of Delhi, the pecuniary jurisdiction of the District Courts in Delhi is up to 02 Crores and the hence the application filed by the defence lawyer is worthless and may not succeed. The amount mentioned in the suit is to be considered for the jurisdiction of the court.   

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Civil suits are subject to pecuniary jurisdiction of court.

Defendant's reply under 7/11 objecting jurisdiction of court on pecuniary issues called preliminarily issues are correct step and court has to decide it first.

ADJ has no jurisdiction to try over One Crore claim. Therefore objected for jurisdiction upon pecuniary jurisdiction of ADJ which is Justified. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Adj will decide the same on merits. 

2. Relief amt is considered

3. Yes if jurisdiction is not proper O7 R11 is maintainable. 

4. Relief amount only wil be considered 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The jurisdiction of the civil court is 1cr in Delhi. The insurance policy is included as the amount has to be paid as per the policy by the insurance company. Tge company must be a party to the proceedings.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

He can file this application as the trial is still going on.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Whether 7/11 is valid or not cannot be decided by us. It has to be decided by the competent court.

2. Insurance amount is to be included for computing the pecuniary jurisdiction of the court.

3. Contest the application fittingly.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Whether 7/11 is valid or not cannot be decided by us. It has to be decided by the competent court.

2. Insurance amount is to be included for computing the pecuniary jurisdiction of the court.

3. Contest the application fittingly.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Application for rejection of plaint can be filed by defendant at any stage 

 

2) SC has held Application for Rejection of Plaintunder Order VII Rule 11 of the Code of Civil Procedure can be filed at any stage and the Court has to dispose of the same before proceeding with the trial,

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes it can be filed.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Yes but court cannot dismiss the case but will return the petition to submit before proper court having jurisdiction.

You are advisable to include full amount in partition suit. If not included than cannot claim it later.

Is this just drlaying tactics by defendent lawyer -- This is common in civil cases.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Yes application of 7/11 is valid for jurisdiction of courts. 

2. All the assets will be considered if partition suit is filed for all the assets otheriwise only insurance amount will be considered.

3. Total amount of asset to be distributed is considered.

4. Yes these are just delaying tactics. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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