JUDGMENT

1. Instant miscellaneous appeal under Section 104 of the Code of Civil Procedure, 1908 read with Order 43 Rule 1 (a) of C.P.C. has been preferred on behalf of the plaintiff-appellant against the impugned order dated 28.08.2019 passed by the Court of learned Additional District Judge, No.8, Jaipur Metropolitan, Jaipur, in Civil Suit No.492/2019 titled as Smt. Kamini Sharma Vs. Praveen Sharma & another, whereby the suit filed by the plaintiff-appellant had been ordered to be returned in view of Order 7 Rule 10 of C.P.C. with a direction to present the suit before the competent Court.

2. The brief facts, which are necessary for the disposal of the present appeal, are that a suit for partition and perpetual injunction against defendant-respondents had been filed by the plaintiff-appellant before the Court of District & Sessions Judge, Jaipur Metropolitan, Jaipur, which was later-on transferred to the Court of Additional District Judge, No.8, Jaipur Metropolitan, Jaipur. The suit had been filed for partition of nine immovable properties, out of which six properties are situated at Nainital (Uttrakhand), two properties are situated at Jaipur and one property is situated at Gurgaon