1. The appellants filed the suit before the District Court, Ernakulam under S.92 of the Code of Civil Procedure, for short, the Code. The 2nd defendant, who is the 1st respondent in this appeal, entered appearance and moved a petition before the District Court for the return of the plaint for presentation to the proper Court. The stand taken by the 1st respondent was that in view of Notification G. O.(MS) 384/66/Home dated 24-10-1966 empowering Courts of Subordinate Judges in Kerala to try and dispose of cases under S.92 of the Code within the limits of their respective jurisdiction, under S.15 of the Code, the suit ought to have been instituted in the Subordinate Judge's Court having territorial jurisdiction over the subject-matter. The learned District Judge allowed the petition and directed the return of the plaint for presentation to the proper Court. The learned District Judge in her order said:

"It follows that on the date of institution of the suit the Subordinate Judge who was having local jurisdiction over the subject matter in this suit, viz., the Subordinate Judge of Parur was competent to entertain this suit. It is true that as submitted by the plaintiffs' co