Judgment (Per: Dabholkar, J.):- Appellant-original Plaintiff, by present appeal, challenges the judgment and order dated 23.12.2005 delivered by 4th Adhoc Additional District Judge, Jalgaon, in Special Civil Suit No.212 of 1999.

By the impugned judgment and order, learned Additional District Judge was pleased to reject the plaint and dispose of suit, by arriving at a conclusion that Civil Court had no jurisdiction to entertain the suit.

Although suit is disposed of by rejection of plaint, since the decree as defined by Section 2(2) of the Code of Civil Procedure, 1908, includes "rejection of plaint", appeal under Section 96 is preferred, challenging the said judgment and order.

2. Special Civil Suit No.212 of 1999 was filed in the court of Civil Judge, Senior Division, Jalgaon, by present appellant for the purpose of recovery of amount of Rs.1,80,19,089.55 along with future interest at the rate of 22% per annum on the basis of averment to following effect;

Plaintiff is the sole proprietor of the proprietary concern KAT STOCKS and her husband Anilkumar Kataria works as General Manager of the said proprietary concern. In fact, the suit is filed through Shri Anilkumar, because he had deal

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