1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1765 OF 2009 WITH CIVIL APPLICATION NO.4510 OF 2009 Salman Mohamed Umar Pothwala )..Appellant Vs. Amir Ahmed Zahuruddin )..Respondent ---- Mr.Shreepad Murthy i/by N.B.Khan for the appellant. Mr.Prakash Pandey i/by M/s.Pandey & Co. for the respondent. ---- Coram : R.S.MOHITE,J Date : 10th February, 2010 PC FIRST APPEAL NO.1765 OF 2009 1 Since a short point is being argued, in my view, First Appeal can be finally disposed off at the stage of admission. Hence, Admit. First Appeal is heard finally. 2 The only point which is agitated by the appellant is that once the trial Court came to the conclusion that it had no pecuniary jurisdiction then it ought to have returned the plaint under Order-VII Rule-10 of CPC for presentation in the Court where the suit should have been instituted. The contention is that the Court ought not to have passed the decree at all. There is substance in this contention. Order-VII Rule-10 of CPC pertains to return of plaint. Order-VII Rule-10 reads as under :- 2 “Return of plaint-(1) Subject to the provisions of rule 10A, the plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted. (Explanation- For the removal of doubts, it is hereby declared that a Court of appeal or revision may direct, after setting aside the decree passed in a suit, the return of the plaint under this sub-rule.] Procedure on returning plaint -(2) On returning a plaint the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it.” 3 In the circumstances, acting under the explanation to order-VII Rule-10, this Court is inclined to set aside the decree and to return the plaint for presentation to a proper pecuniary jurisdiction. Appeal is therefore, allowed. The impugned judgment and decree dated 6.8. 2009 passed by the trial Court in Suit No.190 of 2006 is set aside and it is directed that the plaint should be returned for presentation in a Court of proper pecuniary jurisdiction. Advocate for the respondent makes a statement that he will maintain status- quo as of today as regards the property for a period of six weeks from today. In view of the statement made, it is directed that the respondent will maintain status-quo as of today for a period of six weeks. It is an admitted position that as of today, there is an injunction running against the respondent against carrying out of any addition or alteration or parting with possession. This injunction will be a part of the status-quo as it exists today. Appeal disposed off with no orders as to costs. Certified copy expedited. CIVIL APPLICATION NO.4510 OF 2009 In view of the order passed in the main appeal, Civil Application disposed off as it does not survive. (R.S.MOHITE,J) 3 4