The Jammu & Kashmir and Ladakh High Court dismissed an Article 227 challenge to a Munsiff’s order requiring correction of suit valuation and court fee, after declining immediate rejection of the plaint.
Judge / Bench — Justice Moksha Khajuria Kazmi
The plaintiff characterised the relief against alleged licensees as a mandatory injunction, while the defendants treated it as recovery of possession. The High Court’s decisive reasoning concerned supervisory restraint: the trial court had exercised jurisdiction vested in it, without patent perversity, manifest injustice or breach of natural justice. The order also records the opportunity to cure undervaluation or insufficient fee under Order VII Rule 11(b) and (c) CPC. The trial court must proceed independently; the decision should be read principally for the limits of supervisory intervention.
Case — Ashwini Kumar Singh v. Tara Singh and others · CM(M) 33/2026 · 5 October 2026 · Jammu wing
Advocates appearing — Petitioner — Ms. Shweta Sambyal, Advocate. Respondents/proforma respondents — Mr. Mandeep Sambyal, Advocate, with Mr. Amit Khajuria, Advocate (through VC).