© A-39 % 22.09.2011 Present: Mr. Robin David, Mr. Noor Alam and Mr. Dhiraj Philip, Advocates for the petitioner. + CM No. 17761/2011 (exemption) in CM (M) No. 1110/2011 * Exemption allowed subject to just exceptions. CM (M) No. 1110/2011 and CM No. 17760/2011 The order impugned before this court is the order dated 23.07.2011. Record shows that the present suit has been filed by the plaintiff; on 17.05.2004, a preliminary issue had been framed; it reads as follows: "Whether the suit has been properly valued for the propose of court fees and jurisdiction of this court? OPD Matter was fixed for evidence; petition led evidence; thereafter, listed for evidence of the defendant; at which stage i.e. on 23.07.2011, an application had been filed by the plaintiff seeking the dropping of the aforenoted preliminary issue which had been framed on 17.05.2004; this application had been dismissed and rightly so because a preliminary issue which had been framed in the year 2004 was sought to be challenged by way of an application which had been filed after more than 7 years i.e. in July, 2011. The court had correctly noted that onus to discharge this issue was on the defendant and it was the defendant's turn to lead evidence when this application was filed. The said application 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 was dismissed with costs of Rs. 1,500/- which order is now the subject matter of the present petition. There is no infirmity in the order passed by the trial court; trial court has correctly noted that after 7-1/2 years, preliminary issue which had been framed in 2004 could not have been assailed in an application filed in July, 2011. This petition is clearly an abuse of the process of court; it is wastage of the precious time of the court; it is dismissed with costs of ? 5,000/- to be deposited with the Delhi High Court Legal Service Committee. Trial Court shall ensure compliance of the order. / INDERMEET KAUR, J. SEPTEMBER 22, 2011 rb