JUDGMENT :

1. A civil suit on file no 14/2019 titled “Vipan Kumar Vs Jyoti Angural” came to be returned by the court of learned Ist Additional District Judge, Jammu vide its order dated 23.10.2021 on the ground of purported lack of territorial jurisdiction to entertain and try the suit, and, thus, directing its return to be presented before the competent court of jurisdiction. Thus, by operation of rule 10 of Order 7 of the Code of Civil Procedure, 1908, the court of learned Ist Additional District Judge, Jammu came to pass an order dated 23.10.2021 which left the plaintiff aggrieved constraining him to approach this Court with the present petition seeking setting aside of the said order dated 23.10.2021.

2. The petition does not bear reference as to under which provision of law the same has come to be filed, whereas Order 43 rule 1(a) of the Code of Civil Procedure, 1908 provides an appeal against an order passed under rule 10 of Order 7 of the Code of Civil Procedure, 1908 returning a plaint to be presented before a proper court. Therefore, the present petition is taken to be an appeal under Order 43 rule 1(a) of the Code of Civil Procedure, 1908 and is, accordingly, to be adjudica