Pankaj Mithal, J. - (1.) The petition is listed in the daily cause list and it has been called out. No one appears to press the petition.
(2.) I have perused the petition and the impugned order dated 04.09.1999. The record reveals that Original Suit No. 315 of 1975 Islam Hussain Vs. State of U.P. was dismissed on 31.05.1977 on the ground that it is not maintainable and the court before whom the suit was instituted has no jurisdiction.
(3.) In appeal, the contention was that if the court lacked jurisdiction, the plaint should have been returned under Order 7 Rule 10 CPC for presentation before the court of proper jurisdiction instead of dismissing the suit.;