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HIGH COURT OF DELHI
CS(OS) 2435/2015 & IAs No.16746-47/2015
ROHTASH SINGH ..... Plaintiff
Through : Mr. N.P. Singh, Advocate
Through : None.
JUDGMENT
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. 2015:DHC:7738 CS(OS) 2435/2015
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 The suit is dismissed as withdrawn, along with the pending applications.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