sahil gupta (Advocate) 12 December 2012

Any expert from delhi? pls help

Please refer the file attached (order of Add. Dist. judge, Saket, New Delhi) u/s 20 CPC

1. Should we prefer appeal against the abovesaid order?

2. I also want to confirm whether we were misguided by our Advocate, as per his opinion as the matter was in Delhi jurisdiction before Add. Dist. Judge, counter claim was not preferred by him and if it is to be preferred, it can be only before Delhi High Court as Lower courts have pecuniary jurisdiction upto Rs.20Lakhs only."

3. Any alternate remedy available to us? how should we prove our abovesaid claim?

4. Should we file a civil suit against the plaintiff (same facts) at Madhya Pradesh (Ujjain)?

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2 Replies

Goutam Prasad (Advocate) 12 December 2012

Delhi court have hold its jurisdiction, which is correct position of law. Hence, it not be advisable to appeal for raising objection on point of jurisdiction.

As far as pecuniary jurisdiction is concerned, the same has been enhanced to Rs. 2 Crore for district courts recently.

However, you could have made counter claim earlier for whatever amount and in case the same happans to more than court's jurisdiction, it could tranfer the suit to court of competent jurisdiction. Counterclaim should be first raised in court where the suit is pending.

Now, you may make application for taking on record the counter claim and decide for future on the basis of outcome.

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