ash 1 fa-1010.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO. 1010 OF 2011 Sudhisht Kumar Parasnath Lohar & Ors. .. Appellants Vs Mrs. Regina Michael Coreia & Ors. .. Respondents -- Shri A.M. Saraogi for the Appellants. Shri R.P. Ojha i/by Shri Sinil Singh for Respondent No.14. -- CORAM ; A.S. OKA, J DATED : 14TH JULY, 2011 P.C. . Heard learned counsel appearing for the Appellants and the learned counsel appearing for the 14th Respondent. Learned counsel appearing for the Appellants states that the other Respondents have been served with private notice. 2. On 23rd June, 2011, a notice for final disposal was issued. The Appellants are the original Plaintiffs and the Respondents are the Defendants. The Trial Court by the impugned judgment and decree has dismissed the suit. While dismissing the suit, on Issue No.3A, the learned Trial Judge has held that the suit has not been correctly valued for the purposes of Court fees and if the suit would have been correctly valued, the City Civil Court had no pecuniary jurisdiction to entertain the suit. Learned counsel appearing for the Appellants on instructions ash 2 fa-1010.11 states that the Appellants are accepting the correctness of the said findings. 3. After having come to the conclusion that the City Civil Court had no pecuniary jurisdiction to entertain the suit, in fact the plaint ought to have been returned. In the circumstances, the impugned judgment and decree will have to be set aside and a direction will have to be issued to the Trial Court to return the plaint to the Appellants for presentation before the appropriate Court. 4. Hence, I pass the following order:- (a) The impugned judgment and decree dated 29th March, 2011 except the finding on Issue No.3A is quashed and set aside. (b) The S.C. Suit No.4794 of 2003 is restored. (c) As the City Civil Court has no pecuniary jurisdiction to entertain the suit, the plaint shall be returned by the Trial Court to the Appellants for presentation to the appropriate Court. ash 3 fa-1010.11 (d) All the contentions of the parties on merits of the suit are expressly kept open. (e) The Appeal is partly allowed on above terms with no orders as to costs. (f) Civil Application No.1849 of 2011 does not survive and the same is disposed of. ( A.S. OKA, J )