JUDGMENT :

PARTHA SARATHI SEN, J.

1. In this appeal the Order no. 19 dated 22.12.2022 as passed in Title Suit No. 1289 of 2022 by the learned Judge-in-Charge, Bench No.XII, City Civil Court at Calcutta has been impugned. By the impugned order learned trial court has dismissed the plaintiffs’ application dated 16.06.2022 as filed under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure and at the same time directed for return of the plaint for presentation of the same before the Competent Court having jurisdiction to try the same holding that the said Court had got no territorial jurisdiction to try the said suit. The plaintiffs felt aggrieved and preferred the instant appeal.

2. Mr. Banerjee, learned counsel appearing for the appellants in course of his submission draws attention of this Court to the impugned order as passed by the learned trial court. It is contended by Mr. Banerjee that a serious miscarriage of justice has been occurred since the learned trial court while disposing an injunction application passed the order impugned i.e. an order for return of plaint. It is further contended by Mr. Banerjee, that learned trial court ought to have framed a pr