ORDER

The petitioner herein filed a suit for damages. The defendants filed a petition before the High Court under Order VII Rule 11 praying for dismissal of the suit on the ground of jurisdiction. That plea was accepted by the learned Single Judge.

2. On a review petition being filed, the learned Single Judge modified the order and rejection of the plaint was directed as against dismissal of the suit as ordered earlier.

3. The appeal filed by the petitioner was dismissed. However, the plaint was ordered to be returned with liberty to file it before the court of competent jurisdiction.

4. Thereafter, the petitioner filed an application for refund of the court fees. This application has been rejected only on the ground that the appeal has been disposed of on merits. We are unable to agree with the High Court. What has been disposed of is only the rejection order under Order VII Rule 10 of the Code of Civil Procedure. This is no order on the merits of the suit. The effect is that the plaint has been ordered to be returned to be filed in the appropriate Court. Therefore, the petitioner was entitled to refund of the court fees so that he can fix the court fee in the State where he would lik