1. The appeal coming on for admission, is considered for final disposal having regard to the facts and circumstances. The appeal is therefore admitted.

2. Heard the learned counsel for the appellant and Shri M.S. Rajendra Prasad, the learned Senior Advocate appearing for the counsel for the respondents.

3. The present appeal is against a judgment under Order VII Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’ for brevity) returning the plaint to be presented before the proper court having jurisdiction. The learned counsel for the appellant however would contend that though it is innocuously worded as the plaint having been returned to be presented before the court having jurisdiction, the entire gamut of issues have been addressed by the Court below and therefore, it cannot be construed as merely a return of the plaint but would be a rejection of the plaint and therefore, an appeal would be under Order XLI of Rule 1 of the CPC.

4. The facts are as follows. The plaintiff is said to have purchased a bus which was being plied as a tourist vehicle under a permit, bearing registration No. KA-01 AD 6066. The plaintiff had also availed of a