1 55 fa.1823.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1823 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. H.S.Thakkar for the Appellant. CORAM : A.S.OKA, J. DATE : 19 th January, 2011. P.C. 1 This first appeal under Section 96 of the Code of Civil Procedure, 1908 has been preferred against an order returning the plaint for presentation to proper Court in exercise of powers under Rule 10 of Order VII of the Code of Civil Procedure, 1908. The said order is not a decree under Section 2 (2) of the said Code. An appeal from order under clause (a) of Rule 1 of Order XLIII of the Code has been provided. 2 Hence, appeal is dismissed on the ground that the same is not maintainable by keeping the statutory remedy of the Appellant open. 3 Appellant will be entitled to refund of Court-fees as per the rules. [ A.S.OKA, J ]