MEHTA, Ag. C.J. :- The City Civil Court's order returning the plaint for presenting to the proper Court having been confirmed in appeal by the learned single Judge, the plaintiff has come in this appeal. The plaintiff was carrying on business in a shop in question at Ahmedabad. The plaintiff had taken out two policies at Exs. 34 and 35 for Rs. 50,000 and 25,000 on November 28, 1968 from this insurer the Co-operative General Insurance Company limited, Hyderabad, whose head office was at Hyderabad. Now on nationalisation Act of 1972 , this company has been a unit of United India Fire and General Insurance Company, which had its head office at Madras and the Branch Office is at Hyderabad. On Sept. 18, 1969, the plaintiff had goods worth Rs. 55,000 and furniture worth Rs. 10,000 in this shop when it was closed. On Sept. 19, 1969, due to fire the plaintiff's shop having been burnt, the plaintiff lodged a claim of Rs. 65, 000 with the original insurer on Sept. 30, 1969. The plaintiff's claim was rejected on Nov 22, 1969 on various grounds. The plaintiff gave a notice on May 9, 1970 and after the reply of the original insurer on May 28, 1970, this claim in pauperism was institute