Biswajit Basu, J. - (1.) The Miscellaneous appeal is at the instance of the plaintiffs in a suit for partition and is directed against the judgment and order No. 35 dated November 24, 2010 passed by the learned Judge, XIII Bench, City Civil Court at Calcutta in Title Suit No. 1640 of 2008.
(2.) The learned Judge by the judgment and order under appeal, returned the plaint of the suit to the filing lawyer for presentation of it before the Court in which the suit should have been instituted on the ground that the Court lacks pecuniary jurisdiction to entertain the said suit.
(3.) The defendant No. 2 in the suit filed an application under Order 7 Rule 10 read with Section 151 of the Code of Civil Procedure thereby prayed that the plaint of the suit be returned to the plaintiff for filing of the same before the Court having jurisdiction. In the said application the defendant No. 2 contended, inter alia, that according to the Government valuation, assessed by the Registrar of Assurance Kolkata, the value of the suit property Rs. 64,00,000/- The City Civil Court has no pecuniary jurisdiction to entertain the said suit. The original side of the High Court at Calcutta has only such jurisdiction. The defendant No. 2 filed the photo copy of an assessment slip dated August 19, 2009 regarding the market value of the suit property assessed by ARA- II Kolkata.;