( 1 ) THIS first miscellaneous appeal is at the instance of a plaintiff in a suit for declaration and injunction and is directed against Order No. 21 dated 5th April, 2003 passed by the learned Judge, 5th bench, City Civil Court at Calcutta in Title Suit No. 203 of 2002 thereby allowing an application under Order 7 Rule 10 read with section 151 of the Code of Civil procedure filed by the defendants and returning the plaint to the plaintiff for presentation to the Court having jurisdiction.

( 2 ) THE plaintiff field the aforesaid suit thereby praying for the following relief : " (a) For a declaration that the plaintiff is the absolute owner of the motor vehicle No. WB-03b-0750 and the plaintiff is entitled to the No objection Certificate and relevant Forms from the defendant No. 1 upon payment of the entire loan including interest of Rs. 4,87,751/-and the defendants have no right to seize the vehicle. (b) For a declaration that the blank and printed papers and documents bearing the left thumb impression of the plaintiff and lying in possession, control and custody of the defendants are of no use, non-existent, shams and colourable and not binding upon the