JUDGMENT :

1. Challenge to this appeal preferred by the Plaintiff under Order 43 Rule 1 (a) of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') is the order dated 01.03.2011 passed in Civil Suit No.05-B/2009, whereby the trial Court, while exercising the powers enumerated under Order 7 Rule 10 of C.P.C., has returned the plaint for its presentation before the Court having its territorial jurisdiction.

2. Briefly stated the facts of the case are that the Plaintiff Itarasi Oil & Flour Limited (hereinafter referred to as 'the Plaintiff'), a company registered under the provisions of the Companies Act of 1956, a manufacturer and seller of Soya Oil and Soya D.O.C., has instituted a suit claiming a total sum of Rs.11,96,706/-submitting interaliathat the Defendant And Agro Services Private Limited (hereinafter referred to as 'the Defendant') has agreed to purchase 1900 metric tons of soyabean D.O.C. at the rate of Rs.195 US $ per metric ton plus 5% of the export performance premium under a contract dated 21.03.2006, which was duly signed and executed through its broker namely, Puja Commodity having its registered office at Raipur. According to the Plaintiff, it suppl