JUDGMENT- M.G. CHAUDHARI, J.:---Heard at length.

The learned Judge of the City Civil Court, Bombay, has by the impugned order dated 6th July, 1993 directed the plaint to be returned to the appellant - plaintiff after holding that the City Civil Court has no jurisdiction to entertain, try and decide the suit. Feeling aggrieved with that order, the appellant - plaintiff has preferred this appeal. (The appellant is hereafter referred to as the plaintiff and the respondents are referred to as the defendant).

2. The learned trial Judge was right in following the principle that the allegations made in the plaint decide the forum to entertain and try the suit. See (Abdulla v. Galappa others)1, A.I.R. 1985 S.C. 577. It is also laid down in this ruling that the jurisdiction does not depend upon the defence taken by the defendants in the written statement. The learned trial Judge has also rightly decided the issue as a preliminary issue under section 9-A of the Code of Civil Procedure.

3. A reading of paragraphs 1, 2 3 of the plaint and paragraph 8 of the affidavit in rejoinder filed by the plaintiff dated 23rd June, 1993 leaves no doubt that the plaintiff has essentially claimed himself t

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