1. THIS appeal is preferred against the judgment and order of the learned Single Judge by which the learned Trial Judge has been pleased to pass an order for return of the plaint filed in the suit, for presenting before the appropriate Court within whose jurisdiction the property in question situates, on the application filed by the defendant for return of the plaint filed in the aforesaid suit.

2. THE learned Trial Judge has correctly recorded the fact of the case that the plaintiff has filed a suit for specific performance of Memorandum of Understanding but sole defendant is said to have been agreed to assign an unexpired period of leasehold interest of premises at 8/2, Palm Avenue, Calcutta, which situates admittedly outside the territorial limit of this Court. THE relief claimed in the plaint for specific performance of the terms and conditions for assignment containing in the Memorandum of Understanding and nothing else. As a matter of fact that plaintiff has already sought for leave and we are told that such leave has been granted by this Court under the provisions of Order II r.2 of the Code of Civil Procedure for obtaining possession of the property.

The learned Tr