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V. G. ARUN
Insight Project Management Consultants – Appellant
Versus
Shriram Epc Ltd. – Respondent
ORDER :
The revision petitioner is the plaintiff in OS No.33 of 2019 of the Subordinate Judge's Court, Kattappana. The suit was initially filed before the Munsiff's Court, Kattappana, seeking perpetual injunction against the defendants/respondents and was numbered as O.S.No.418 of 2014. Thereafter, the suit was amended and the additional relief of damages with interest at the rate of 18% per annum, incorporated. The suit, as amended, being beyond the pecuniary jurisdiction of the Munsiff Court, the plaint was returned for presentation before the proper court. Accordingly, the plaint was represented before the Sub Court, Kattappana and was numbered OS No.33 of 2019. The defendants entered appearance and raised a preliminary objection, contending that the Sub Court lacked subject matter jurisdiction to accept and entertain the amended plaint, since the transaction, which is the subject matter of the suit, is a commercial transaction. In response, the revision petitioner contended that the plaint having been returned from the Munsiffs Court under Order VII Rule 10 of the Code of Civil Procedure, the suit before the Sub Court is a continuation of the suit originally filed. The suit havi
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