V.S.Deshpande J. - (1.) This is an appeal against an order returning the plaint to the plaintiff for presentation to the proper Court on the ground that the suit is valued beyond the jurisdiction of the Court. The order returning the plaint was passed on March 16, 1978.
(2.) The plaintiff-appellant has filed this appeal against the aforesaid order. This appeal was heard by my learned brother but hearing could not be completed and during the hearing my learned brother orally expressed that the amendment of plaint would be necessary to decide the controversy in the suit and thereafter a draft plaint was allowed to be submitted which draft plaint in record. It is on the basis of this amendment plaint that I propose to decide this appeal.
(3.) The appellant is a registered co-operative society by name Vrindavan (Borivali) Co-operative Housing Society Limited, which was formed on March 4, 1978. Defendant No. 1 are M/s. Karmarkar Brothers, a firm carrying on business at Odhavaji Wadi, Kasturba 1st Cross Road, Borivali (E), Bombay 400 066. Respondents 2 to 10 are the flat owners who have taken flats under an agreement from respondent No. 1.;