Hon’ble Shri Narayan Shukla, J.—Heard Mr. S.K.Mehrotra, learned counsel for the petitioner and Ms.Kirti Srivastava, learned Standing Counsel.

2. The petitioner is aggrieved with order dated 27.3.2010 passed by the District Judge, Unnao in Misc.Case No. 52 of 2009 to the extent that through the finding given in the order it appears that learned District Judge has validated the proceedings held before the Court of incompetent jurisdiction.

3. Briefly the facts of the case are that the plaintiff filed a suit for arrears of rent and damages and ejactment from the shop in question against defendant in the Court of Judge, Small Causes Court/Civil Judge (Senior Division), Unnao. When the case was fixed for final arguments, the defendant raised plea of jurisdiction. The valuation of suit was Rs. 7000/-. The plaintiff instead of getting returned the plaint for presentation before the Court of competent jurisdiction moved an application under Section 24 of Code of Civil Procedure to transfer the case to the Small Causes Court/Civil Judge (Senior Division), Unnao.

4. The defendant vehemently opposed the transfer application and submitted that proceeding of the case is null and void as