P.K. Balasubramanyan, J.

This appeal is by the plaintiff in O.S.103 of 19t9 on the file of the Subordinate Judge's Court of Cochin. The appeal is filed under O. XLIIIR. l(a) of the Code of Civil Procedure. The appeal challenges the 'judgment of the lower appellate court' in A.S.10 of 1993 filed by the appellant directing a return of that appeal to the appellant. According to the appellant the order passed by the lower appellate court returning the appeal to the appellant came under O. XLIII R. l(a) of the Code of Civil Procedure which provides for an appeal against an order under R.10 of O. VII of the Code returning a plaint for representation in the proper court. We are not quite certain whether the appeal could be maintained under O. XLIII R. l(a) of the Code of Civil Procedure in this case. But in any view jurisdiction is available to this court under S.115 of the Code of Civil Procedure to consider whether the lower appellate court has exercised its jurisdiction properly or has acted outside its jurisdiction in returning the Memorandum of Appeal to the appellant. We are therefore not inclined to decide the question whether the appeal filed at the instance of the appe