( 1 ) HEARD learned counsel for the parties on I. A. Nos. 1 and 2. Delay in filing the application (I. A. No. 2) to bring on record the legal representatives of the sole proprietor of the petitioner firm is condoned. Learned counsel for the respondents has no objection to the legal representatives being brought on record. The application (I. A. No. 1) is accordingly, allowed. The index shall be corrected.

( 2 ) LEAVE granted.

( 3 ) THE appellant filed a suit in the court of the learned Additional District Judge, west Tripura (Agartala ). It was a money suit. The trial court held that it had no territorial jurisdiction to entertain the plaint. The trial court, however, declined to exercise power under Order VII Rule 10 of the Civil Procedure Code and did not return the plaint to the appellant for presentation to the proper forum, The appeal filed by the appellant before the high court failed on 28/11/1997. Hence, this appeal by special leave.

( 4 ) AFTER hearing learned counsel for the parties, we are of the opinion that the trial court fell in error in not directing the return of the plaint to the appellant for presentation to the proper forum and the high court also likewise fell