J U D G M E N T

This appeal arises from the judgment dated 19.03.2011 in A.S. No.107 of 2003 of the Sub Court, Muvattupuzha.

2. The 1^st respondent filed O.S. No.188 of 1998 for recovery of money based on a chitty transaction, originally in the Munsiff's Court, Ernakulam on 03.04.1995. The appellant-1^st defendant and others contended that the said court has no territorial jurisdiction to entertain the suit. According to them, jurisdiction lay with the court at Jamshedpur since all the transactions took place there. Learned Munsiff, Ernakulam vide order dated 12.04.1996 held that the said court has no territorial jurisdiction to entertain the suit and directed that the plaint be returned. The 1^st respondent was directed to take steps as per Rule 10A of Order VII of the Code of Civil Procedure (for short, “the Code”).

3. The 1^st respondent filed I.A. No.1029 of 1998 under Rule 10A of Order VII of the Code on 27.02.1998 requesting that the plaint be returned. Learned Munsiff, Ernakulam ordered return of the plaint. As the learned counsel for the 1^st respondent submits, plaint was returned on 27.02.1998. It was presented in the Munsiff's Court, Muvattupuzha on 02.04.1998.

4. The appellan