The judgment of the Court was as follows :––

Sen, J.: In this appeal, the plaintiff is challenging the validity of an order dated July 19, 1976, passed by the Learned Judge, 10th Bench, City Civil Court at Calcutta in Title Suit No. 181 of 1976 whereby the Learned Judge directed the plaint to be returned to the filing lawyer for presentation before the appropriate court on the view that the said court has no pecuniary jurisdiction to entertain the suit.

2. In terms of a contract entered into between the plaintiff/appellant and the first respondent (defendant No.1) the plaintiff supplied to the said respondent some amount of G. S. wire. Under the terms of the said contract, the plaintiff was entitled to 100% payment against the railway receipt along with other necessary documents presented through the bank on furnishing a consolidated bank guarantee for 10% value of the order from a scheduled bank of India duly executed in terms of the agreement. Admittedly such a bank guarantee was furnished by the plaintiff and the defendant/respondent No.2 Allahabad Bank for a sum of Rs. 91,900/- on January 28, 1975. The guarantee bond provided that in consideration of the premises the guar