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Delhi High Court refuses to entertain plea for increasing pecuniary jurisdiction of civil judges in capital

The Delhi High Court on Friday refused to entertain a plea seeking enhancement of pecuniary jurisdiction of Civil Judges posted at District Courts across the national capital, while noting that a resolution to this effect has already been passed by the Full Bench of the Delhi High Court in February this year.

The Division Bench comprising Chief Justice D.N. Patel and Justice Neena Bansal Krishna while dealing with a fresh plea filed by practising Advocate Amit Sahni, said that a decision on the administrative side has already been taken up in light of the earlier petition filed by him.

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Advocate Dr Amit George, representing the Delhi High Court, submitted that pursuant to the Resolution dated February 9, 2022, recommending enhancement of pecuniary jurisdiction of the District Courts to Rs 20 lakh from Rs 3 lakh, a communication has been made to the Union Ministry of Law & Justice on March 7, 2022.

Upon a query made by the Bench to Sahni as to why a fresh petition on the same issue has been filed by him, he submitted that it was on account of non-awareness of the Full Court decision.

In light thereof, the Bench observed thus:
“The present writ petition is hereby disposed of because of the Resolution already passed by the Full Court of this Court.”

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The instant petition stated that District Courts in the city, being the court of first interaction to a large strata of society,must have unlimited pecuniary jurisdiction, specially when the Civil Judges in States in the neighbourhood enjoys unlimited pecuniary jurisdiction.

It is pointed out in the petition that a representation was made to the Delhi High Court as well as to the Delhi Government for increasing the pecuniary jurisdiction of the Civil Judges level posted at District Courts in Delhi to eradicate the stagnation of jurisdiction and to reduce the burden on superior courts. However, no action has been taken on the petition as yet.

“The pecuniary value of Rs 3 lakh entrusted to Civil Judges of Delhi District Courts is on extremely lower side and no property in Delhi is worth “3 lakh” and the same has led to stern stagnation as Civil Judges of Delhi District Courts are adjudicating Injunction Suits and petty suit for Recovery amounting upto 3 lakh only,” averred the plea.

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