By the present appeal from order i.e. A.O., the petitioners/original plaintiffs have challenged the order passed by the 3rd Jt. Civil Judge, Senior Division, Aurangabad in Spl.C.S. No.7312004 dated 08/03/2005, by which the plaint was returned to the plaintiffs for presentation to the Court. in which the suit should have been instituted without disclosing the name of that Court under the provisions of Order 7, Rule 10 of CPC. This order is impugned in this A.O..

2. Vide order dated 15/04/2009, after hearing the counsel for appellants and respondent, this Court has admitted the present appeal.

3. Today, when the A.O. came on board for final hearing, heard learned counsel for appellants followed by the submissions of respondent. During the course of submissions across the bar, my attention is drawn towards the order impugned, as well as the plaint filed in the Court of Civil Judge, S.D. Aurangabad, which is numbered as Spl.C.S. No.7312004. It is not under dispute that the appellants who are plaintiffs before Lower Court are transporters and dealing in transport business. They have entered into contract with one Gangapur Cooperative Sugar Factory to move the molasses from the pre