(1.) This application is taken up for hearing to day but the Respondent filed an application praying for returning the plaint of S.C.C Suit No. 2 of 1989 in the Court of Senior Assistant Judge, Sadar, Dinajpur on the ground mentioned in this application. At the time of hearing of this appeal it come out that the plaintiff has a difficult case to sustain in this Small Causes Courts suit as it involves a question of title and for that matter the plaint of the aforesaid S.C.C. Court may be returned.
(2.) In view of the submission made by the learned Advocate for the Respondent and in view of the provision of section 23 of the Small Causes Act, let the plaintiff returned as prayed for.