( 1 ) THE present Appeal from Order under Order 43 Rule 1 of the Code of Civil procedure has been preferred by the appellant herein - original plaintiff to quash and set aside the impugned order dated 07/ 04/2009 passed by learned Chamber Judge, court No. 23, City Civil Court, Ahmedabad below Exh-20 in Civil Suit No. 2433 of 2008, by which, learned Chamber Judge has allowed the said application submitted by respondent No. 2 herein - original defendant No. 2 (hereinafter referred to as original defendant No. 2) under Order 7 rule 10 of the Code of Civil Procedure, by which, the learned Chamber Judge has returned the plaint of Civil Suit No. 2433 of 2008 to the appellant herein - original plaintiff for presenting it before the appropriate Court having jurisdiction.

( 2 ) THE appellant herein- original plaintiff has instituted Civil Suit No. 2433 of 2008 in the City Civil Court, ahmedabad, against respondents herein-original defendants for declaration and permanent injunction. Original plaintiff has prayed for the following reliefs against defendant Nos. 1 and 2 :-

(A) Be pleased to declare that the action of the present defendant No. 1 in not taking into consideration a notice of the present plaintiff dated 31-7-2008 and inaction on their part thereof, is totally against the provisions of law and the defendant No. 1 has failed in complying with its statutory obligation cast upon it.

(B) Be pleased to direct the defendant no. 1 to take appropriate action against the present defendant No. 2.

(C) Be pleased to restrain the present defendant No. 2 from carrying out the alteration/development work being carried out in the building known as Orchid Plaza, nr. Pride Hotel, Judges' Bungalow Road, bodakdev, Ahmedabad. And further to restrain the defendant No. 2 from interfering with the right of plaintiff of using his right as per the allotment deed executed in favour of the plaintiff.

(D) Be pleased to direct the defendant no. 2 to remove the iron bridges, which are likely to affect the life of the persons i occupying the building namely Orchid plaza, Near Pride Hotel, Judges' Bungalow road, Bodakdev, Ahmedabad.

(E) Be pleased to restrain the present defendant No. 2 or its servants, agents of any person for carrying out the alteration/ development work in the building known as orchid Plaza, Nr. Pride Hotel, Judges' bungalow Road, Bodakdev, Ahmedabad, without obtaining prior permission from the defendant No. 1. "

( 3 ) IT appears that the appellant herein -original plaintiff had instituted the Civil suit praying for declaration, directing defendant No. 1 - Ahmedabad Municipal corporation to take appropriate action against defendant No. 2 for carrying out the illegal construction and alteration/ development work being carried out in the building known as Orchid Plaza, Nr. Pride hotel, Judges' Bungalow Road, Bodakdev, ahmedabad. According to defendant No. 2, suit was pertaining to immovable property situated outside the territorial jurisdiction of the City Civil Court, Ahmedabad, the suit was required to be transferred to the Court having territorial jurisdiction where the immovable property is situated and, therefore, the suit before the City Civil court, Ahmedabad was not to be proceeded further and the piaint was required to be returned to the original plaintiff. Therefore, defendant No. 2 submitted application Exh-20 under Order 7 Rule 10 of the Code of civil Procedure to return the plaint to the original plaintiff for presenting it before the court having territorial jurisdiction where the immovable property is situated. That the said application was opposed by the original plaintiff by submitting that at least so far as prayers in terms of Para 16 (A) and 16 (B)are concerned, the City Civil Court, ahmedabad would have territorial jurisdiction and, therefore, relying upon section 20 of the Code of Civil Procedure, it was requested to dismiss the said application. That the learned Chamber judge by impugned order allowed the