After hearing the learned Advocates for the parties I think that the learned Lower Appellate Court did wrong in holding that the suit as framed by the opposite party in this Rule was maintainable before a Civil Court. The petitioner gave a demolition notice to the opposite party alleging that they had made some unauthorised constructions Against the said notice the opposite party made objection and the Deputy Commissioner by his order dated 19.2.1976 held that the alleged constructions were unauthorised and also directed the opposite party that such unauthorised construction should be demolished Against the said order passed by the Deputy Commissioner the opposite party filed Title Suit No. 168 of 1976 before the 4th Court of learned Munsi at Alipore, 24 Parganas challenging the said demolition order. A preliminary objection was taken by the Corporation of Calcutta in the said suit regarding the maintainability of the suit and the learned Munsif by his order dated 10th of August, 1981 held that he had no jurisdiction to try the suit and ordered that the plaint be returned to the filing lawyer for presentation to the proper forum Against the said order an appeal being Misc App