This Miscellaneous First Appeal is filed by the plaintiff-Bank against the order dated 15th February, 2010 made in S.C.No.937/2009 on the file of the XIII Additional Small Causes Judge & Member, MACT., Bangalore returning the plaint under Order VII Rule 10 of the Code of Civil Procedure, 1908 with a direction to present the same before the Court having jurisdiction to try the same.

2. The present appellant, who is plaintiff before the Court below, had filed a suit against the defendant in S.C.No.937/2009 for recovery of money contending that the defendant had availed membership of Cancard Visa under the plaintiff’s Cancard Scheme, on the basis of which, it had issued Cancard Visa bearing No.4543630200917003. The benefit under the Cancard Visa is that the Cancard Holder by complying with the requirement laid down in Cancard can purchase goods or avail services at or from any of the various approved member establishments spread over in India and Nepal and the defendant had agreed to the terms and conditions of the Cancard Scheme. He had also agreed to make payment within 15 days from the date of statement and the Cancard Holder was liable to pay service charges-cum-interest