( 1 ) THIS appeal arises out of an Order dated 20. 06. 03 passed by the learned Judge, 9th Bench, City Civil Court at Calcutta holding therein that the plaintiff/appellant has chosen a wrong forum in filing the plaint before the Civil Court at Calcutta and the learned Judge directed that the plaint along with all documents be returned to the plaintiff/appellant in view of the provisions of Order 7 Rule 10 of the Civil Procedure Code, 1908 for being presented before the appropriate forum.

( 2 ) THE material facts of the instant case, which led to the said order, are as follows : a suit, being Title Suit No. 213 of 2002, for declaration and injunction was filed by the plaintiff/appellant in the City Civil Court at Calcutta alleging therein various mis-management in the affairs of the Company, namely Northern Properties Private Ltd. , (hereinafter referred to as the 'said Company ). It is not in dispute that the said Company was incorporated under the Companies Act, 1956 on or about 12. 6. 1972 and its registered Office is at 47, Pathuriaghata Street, P. S.-Jorabagan, Calcutta-700 006. These facts have been stated in the plaint itself. The substance of the allegati