C.Nagappan, J: This is an appeal against the order of the learned single Judge of this Court passed in Application No.4119 of 1999 in C.S.No.528 of 1999 dated 17.12.1999.

2. The appellant filed a suit in C.S.No.528 of 1999 praying for a decree against the defendant to deliver vacant possession of the suit property. The defendant took out an application in A.No.4119 of 1999 praying for a direction to return the plaint in the above suit for presentation before the proper Court on the ground that the suit property is not situated within the jurisdiction of the Original Side of this Court. The respondent/plaintiff resisted the same and contended that this Court has jurisdiction to entertain the suit.

3. The learned single Judge, after hearing both sides, allowed the application and ordered the plaint to be returned to the plaintiff for presentation to the proper Court. The present appeal is filed against that order.

4. Admittedly, the suit is for recovery of possession and the property situated at Manapakkam village, Sriperumbudur Taluk, Kancheepuram District, which is outside the jurisdiction of the Original Side of this Court. The plaintiff did not obtain any leave from this Court under

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