ORDER :- The plaintiff instituted the above suit against the defendant for refund of the earnest money of Rs. 24,447.00 p. for inquiry into damages and decree for the amount found due and other reliefs. Subsequent to the institution of the said suit, the plaintiff filed an application under Ch. XIII-A of O. S. Rules for a summary judgement against the defendant who contested the said application. The application was heard by the Honble Mr. Justice Sabyasachi Mukharji on 4-8-1977 and it was directed inter alia that the defendant would file written statement and contest the suit. All the directions in the order dated 4-8-1977 were duly complied with by the parties and the suit appeared in the Peremptory list. At the hearing the defendant pointed out that this Court could not entertain the suit as the same was below its pecuniary jurisdiction. The suit has been valued at Rs. 1050/- on the ground that this Court along with the Presidency Small Causes Court have concurrent jurisdiction to try this suit. It was contended on behalf of the defendant that the suit was, in fact, for refund of the alleged earnest money of Rs. 24,447.00 and as such this Court should not entertain this