Bapna, J.—This is a revision by the plaintiffs against an order of the Civil Judge, Balotra, dismissing an appeal against the order of the Munsif Balotra, directing return of the plaint for presentation to a proper court.

2. The petitioners filed a suit against the opposite party in the court of Munsif Balotra on the allegations that plaintiffs Nos. 1 to 4 had entrusted a certain stack of hay to the defendant on Posh Sudi 12 Smt. 1998 at Baitu under an agreement of that date and later on sold half share of that stack to plaintiffs Nos. 5 and 6 by executing a deed at Balotra on Baisakh Sudi 15 Smt 2002 and thereafter when the plaintiffs asked the defendant to hand back the stack of hay on Baisakh Sudi 15, Smt. 2002, he failed to do so. Plaintiffs claimed Rs. 400/- as damages on account of what they alleged to be the wrongful conversion of goods. The relevant portion of para 3 of the plaint on which the two courts have passed their order is as follows:—

"When the plaintiffs demanded the stack of hay, the defendant neither complied with the terms of his agreement nor handed over the stack of hay and by this committed wrongful conversion for which the defendant is responsible to pay the

Click Here to Read the rest of this document