ORDER

1. This petition filed under section 227 of the Constitution of India takes exception to the order dated 24.2.2020 (Annexure P/9), whereby application preferred by the petitioner/defendant under Order 7 Rule 11 of CPC is rejected by the Court below.

2. The main ground raised in the said application is that the plaintiff has filed the suit before a forum/ Court which has no jurisdiction. The agreement between the parties falls within the ambit of " works contract" as defined under section 2(1)(i) of M.P. Madhyastham Adhikaran Adhiniyam 1983 (Adhiniyam). During the course of hearing, Shri Rai informed that written statement has already been filed and apart from the aforesaid, objection relating to jurisdiction, petitioner has raised yet another objection regarding payment of deficit court fee. It is raised because on more than one agreement claim of plaintiff is based and that deficit court fee has been paid by the plaintiff.

3. Ms.Nigam did not dispute that written statement has already been filed by the petitioner/ defendant. During the course of hearing, learned counsel for both the parties reached to a consensus. It is agreed that Court below may be directed to frame additi