( 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