1. In this revision petition Mr. T.P. Mathai, learned counsel for the plaintiff petitioner, challenges the decree of the learned Additional Munsiff, Alleppey, dismissing his suit S.C.S. No. 320 of 1961 as having been instituted out of time. The learned Munsiff, in the view that she took that the suit was barred by limitation, did not go into the various other points in controversy between the parties.

2. It will be seen that the plaintiff originally instituted the suit in the Shertalai Munsiff 's Court on 26-6-1961; and it is accepted that that was the last day on which the suit, on the basis of the transaction relied upon by the plaintiff, should have been instituted in any court so that it could be considered to have been filed within the period of limitation. Whether objection was taken or not, it is ultimately seen that an order was passed by the learned Principal Munsiff of Shertalai on 21st November 1961, directing the return of the plaint for presentation before the proper court. So far as the direction is concerned, there can be no controversy that it is well within the jurisdiction of the court, once it finds that it has no jurisdiction to entertain the suit in