1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 110 OF 2010 ALONG WITH CIVIL APPLICATION NO. 170 OF 2009 Ashock C. Mehta & ors. ... Appellants v/s Hemant Kumar Vasanji Chheda & ors. ... Respondents Mr.R.V.Govilkar with Mr.P.V.Dhopatkar i/by B.M.Shakh for the appellants. Mr.A.R.Patil, A.G.P. For Resp. Nos.3 and 5. Mr.J.A.Udayapuri i/by A.Bharat & Co. for Resp. Nos. 1 and 2. CORAM: SMT.NISHITA MHATRE, J. DATED: 8TH MARCH, 2010 P.C.: 1. The appeal has been preferred against the order of the Trial Court dismissing the notice of motion filed by the appellants/plaintiffs. The Trial Court, while dismissing the notice of motion has observed that the amount of consideration is Rs.47 lacs and, therefore, the suit is beyond pecuniary jurisdiction of the Court. After observing this, the Trial Court ought not to have considered the notice of motion 2 and should have instead returned the plaint for presenting it to the appropriate forum. 2. In view of this finding of the Trial Court that the that the suit is filed beyond the Court’s pecuniary jurisdiction, the plaint shall be returned to the plaintiffs for presenting it before the forum under Order 7 Rule 10 of the Code of Civil Procedure. 3. Appeal from order stands disposed of accordingly along with the civil application. ..... 3