ORDER :

1. This Miscellaneous Appeal has been preferred by the Plaintiff under Order 43 Rule 1(a) of the Code of Civil Procedure, 1908 (for short 'the CPC') questioning the legality and propriety of the order dated 23.12.2016 passed in Civil Suit No.16-B/2011 whereby, the trial court has directed for return of the Plaint holding it to be barred by territorial jurisdiction under Section 20 of CPC. The parties to this Appeal shall be referred hereinafter as per their description before the Court below.

2. Briefly stated, the facts of the case are that the Plaintiff, who is the Proprietor of Ritika Enterprises, instituted a suit claiming recovery of Rs.7,47,499/- by submitting interi-alia that he supplied spare parts of the machine described in Plaint schedule-'A' to the Defendants i.e. Somna Colliery, Bijuri, District Anuppur (M.P.). According to the Plaintiff, the Defendants have failed to make their payment despite the delivery of the alleged materials, which led to the issuance of the Demand Notice dated 16.09.2009. However, in spite of that, the same was not paid, therefore, he has been constrained to institute the suit in the instant nature instituted on 25.09.2010.

3. While contes