Mool Chand Garg, J.

1. This appeal arises out of judgment/order passed by the Addl. District Judge Delhi dated 02.09.2005 whereby in a suit/plaint filed for declaration/cancellation of transfer deed, mandatory and permanent injunction filed by the Appellant has been directed by the Addl. District Judge to be returned for presentation before the Court of competent jurisdiction. The impugned order has been passed on the basis of the findings returned on issue No. 1 which was as follows "whether this Court has got no territorial jurisdiction to entertain the present suit for the reasons stated in paragraph 2 and 3 of the written statement (preliminary objections)".

2. The suit in question was filed by the Appellant with the following prayers:

(a) That a decree for declaration declaring the plaintiffs to be the owners of the shares, details of which are given hereunder be passed in favour of the plaintiffs and against the Defendants:

Distinctive Record No. Certificate No. of Nos No. Shares --- 930251955 09195779 50 --- 930252005 09195779 50 133452933 ----- 06307612 50 --- 907158829 08070715 50

(b) A decree for cancellation of the Transfer Deeds bearing No. 4994198, 4994199, 4994201