1. Rule. Rule made returnable forthwith.

2. Heard finally by consent of learned counsel for the respective parties.

3. This order assails order dated 4th April, 2015, passed by the learned 2nd Joint Civil Judge Senior Division, Beed in Special Civil Suit No. 8/2013 thereby rejecting the application (Exh. 64) filed by petitioners, original defendants, seeking direction for returning of proceedings in Special Civil Suit No. 115/2009 to the Court of Civil Judge Senior Division, Barshi, directing the plaintiffs to furnish copies of documents and also permitting the petitioners to file written statement afresh.

4. The question raised in this petition is whether the suit instituted upon presentation of plaint to a correct Court after its return from the Court not having jurisdiction should be tried denovo or should be tried from the stage at which it has been pending earlier before the Court not having jurisdiction over the subject matter. In the opinion of learned counsel for petitioners, the answer to this question has to be in favour of denovo trial and, according to learned counsel for respondents, if much water has flown and the evidence has also been recorded before the earl