1. This suit was initially field on the original side of this Court. Issues were framed on 11th August, 1998. Issue No. 6 pertained to the vires of Section 345A of the Delhi Municipal Corporation Act and Rule 3(2) of the Delhi Municipal (Sealing of Unauthorized Construction) Rules and reads as under: (vi) Whether Section 345A of the DMC Act and Rule 3(2) of DMC (Sealing of Unauthorized Construction) Rules are arbitrary and ultra vires the Constitution of India Dispute was thereafter transferred to the District Court on the enhancement of pecuniary jurisdiction. Since this issue pertained to the vires of the provision of statute, reference is made under Section 113 of the CPC for decision on the issue by this Court as the District Court does not have power to rule upon the validity of a statutory provision. 2. We have heard learned Counsel for the parties. The aforesaid issue is no more res Integra and the vires of this provision have already been upheld by the Supreme Court in_________v._________. 3. We thus decide this issue against the plaintiff and in favour of the defendant. The record shall be sent back to the Trial Court for decision on the other issues.