( 1 ) THE instant First Appeal from Order is directed against an order dated 9-1-1991 passed by the trial court directing the return of the plaint to the plaintiff for being presented before the appropriate court.

( 2 ) IT will perhaps be best, in view of the question at issue, to relate what it is that the dispute was all about. A suit purporting to be one under S. 92 of the C. P. C. was instituted in the court of Civil Judge and without first obtaining necessary permission of the Advocate General or leave of the Court. Later, realising that such a suit can only be filed in the court of the District Judge, an application was moved on 17-2-1990 praying for return of the plaint for being presented in the proper Court as it had been filed in the wrong court. The Court allowed the application despite appellants objection against return of the plaint on the plea that the plaint deserved to be rejected and, therefore, cannot be ordered to be returned for presentation to another Court. Alternative submission also was that even if Order VII, Rule 10 be applicable, the plaint still should be rejected as the plaint was defective and both the Rules 10 and 11 of Order VII should