B.C. Chakraborti, J: This revisional application is directed against an order dated August 12, 1978 passed in Money Suit No. 20 of 1976 of the 1st Court of Subordinate Judge at Alipore.

2. Facts relevant for the present purposes are not in dispute. The Opposite Party, Bata Shoe Co. Private Ltd, instituted Money Suit No. 537 of 1971 in the City Civil Court, Calcutta an October 29. 1971 for recovery of a sum of Rs. 31,484.28 for loss of goods entrusted to the petitioner for carriage. The petitioner entered appearance, filed a written statement and contended inter alia that the said Court had no jurisdiction to try the suit. On the objection so taken, an issue was framed and was eventually decided in favour of the defendant petitioner. The learned Judge having found that it lacked territorial jurisdiction• to try the suit by his order dated July 1, 1976 directed the plaint to be returned for being presented to the proper Court under Order VII Rule 10 of tile Civil Procedure Code. Thereupon the plaint was refilled in the 1st Court of the learned Subordinate Judge at Alipore and was numbered as Money Suit No. 20 of 1976.

3. While the suit was proceeding in the Court of the learned