1. Admit.

2. Heard finally with the consent of the Counsel for the parties.

3. The question that arises for consideration in the present appeal is whether the Civil Court after holding that it has no jurisdiction to try the suit can direct return of the plaint for presenting the same before the proper forum.

4. This appeal filed under provisions of Order XLIII Rule 1(a) of the Code of Civil Procedure, 1908 (for short the Code) takes exception to the order passed by the trial Court whereby it has held that the Civil Court had no jurisdiction to try the suit as filed and then directed the plaint to be returned to the plaintiff for being presented before the proper forum.

5. The facts relevant for adjudication of the appeal are that it is the case of the appellant that it is a society registered under provisions of the Societies Registration Act, 1860 and is also a public trust under provisions of the Maharashtra Public Trusts Act, 1950. It is running an educational institution since last many years and the same is being run on the basis of donations received by the trust from its members and other donors. A lease of land was granted to the appellant for construction of a Schoo