( 1 ) THIS Appeal is directed against an order dated 27th July, 1998 passed by a learned single Judge of this Court whereby an application made by the plaintiffs/appellants for originating Summons in Suit No. C. S. 151 of 1997 was dismissed by the learned single Judge in holding that the Suit was not maintainable as far as originating summons under Chapter XIII of the Original Side Rules of this Court was concerned but by giving liberty to the plaintiffs/appellants to apply before the appropriate Forum for appropriate order, if as advised, including the filing of the Civil Suit in an appropriate Civil Court. The brief facts leading to the filing of this Appeal are that the plaintiffs/appellants purchased the property in question by several conveyances, all dated 18th November, 1988 from the erstwhile owner, namely Smt. Lila Bati Dutta in 1937 had inherited this property and since then, until its sale to the appellant/plaintiffs had remained its sole and absolute owner. Earlier, on a point of time, by an Indenture of lease dated 26th April 1919 the Predecessors-in-interest of Smt. Lila Bati Dutta had granted a lease in favour of one Chimanlal Ganeriwalla and one Jib