1. - The present appeal has been filed by the appellant-plaintiff under Order 41, Rule 1 (a) of CPC challenging the order dated 24.11.99 passed by the Addl. District Judge No. 3, Kota (hereinafter referred to as 'the trial court') in Civil Suit No. 164/88, whereby the plaint has been ordered to be returned by the trial court for presentation to the proper court under Order 7, Rule 10 of CPC.

2. The short facts giving rise to the present appeal are that the appellant-plaintiff had filed the suit against the respondent-defendant seeking recovery of Rs. 1,00,140/- towards the damages for the alleged breach of contract. It was alleged in the suit interalia that the tender filed by the appellant-plaintiff was accepted by the Superintending Engineer of the respondent-defendant at Kota and the letter of acceptance was also delivered by the plaintiff at Kota and, therefore, the contract was entered into between the parties at Kota. It was also alleged that thereafter the defendants had committed the breach of the contract and hence the suit was filed. The respondent-defendant had filed the written statement denying the allegations made by the plaintiff and had also raised the conte