( 1 ) THIS appeal is directed against the order of the learned Civil Judge, mysore, made in OS. 38 of 1970 whereby he returned the plaint under order VII, Rule 10 (1) of the CPC, for presentation to the proper Court.

( 2 ) THE facts are not in dispute and they will be found correctly stated in the order under appeal. It may be sufficient if I may set out a lew facts for the disposal of this appeal. The appellant sued the defendant for return of the over-paid money under the agreement-Ext. D1 dt. 20th. July 1968. One party to the agreement was the defendant and another parly was the proprietrix of m/s Anjana Match Works, which establishment has later been converted into a partnership firm, which was the plaintiff in the Court below. The defendant Was a Private Ltd Coy at Goa, which was engaged in the manufacture of matches. Under the said agreement, the defendant had agreed td sell its machineries as detailed thereunder. These were 'agreed to be sold for a total sum of Rs. 3,71,346-56, out of which Rs. 1,00,000 was paid to the defendant by way of earnest money by a cheque drawn on Canara banking Corporation Ltd, Mysore. The Cheque was delivered at Goa, but it was encashed at the Mys

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