A-6 % 12.7.2011 Present: Mr. Amit Mahajan and Ms. Shashi Shekhar, Advocates for the petitioner. Mr. Sanjay Relan, Advocate for the respondent. + CM (M) No.755/2009 * The impugned order is the order dated 13.4.2009 vide the two applications filed by the plaintiff; first application Order VI Rule 17 of the Code of Civil Procedure and the second application filed by him under Section 151 of the Code had been dismissed. Present suit was a suit for possession of the suit property i.e. property No.H-38, Second Floor, Kailash ColonyJ New Delhi. In the plaint the plaintiff had valued the suit for the purposes of court fee and the jurisdiction of Rs.2 lacs. Defendant has raised a preliminary objection that the suit had not been vi1ued properly and the valuation should be in the sum of Rs.7 lac. In view thereof, the plaintiff filed an application seeking amendment of the plaint to enhance jurisdictional value of the suit for the purposes of court fee and the jurisdiction of Rs.2 lacs to Rs.7 lacs; the second application had been filed for deposit of court fee. j Both the said applicationshad been dismissed. There is no dispute that the Civil Judge has pecu1niary jurisdiction upto a value of Rs.3 lacs; since the plaintiff seeks an tj amendment in the plaint to incorporate that the valuation of the Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified suit property for the purposes a court fee and jurisdiction is Rs.7 lacs, the pecuniary jurisdiction would vest with the Additional District Judge. In these circumstances, the petitioner is granted to withdraw the present suit and seek appropriate remedy by filing a suit before the Additional District Judge. Period put in pursuing this litigation will be excluded for the purpose of limitation. • Petition is disposed of. INDERMEET KAUR, J. • JULY 12, 2011 mm