Michael Westropp, C.J.
1. This Court, on the authority of the Calcutta cases Nanhoon Singh v. Tofanee Singh (12 Beng. L.R. 113) and Jeebraj Singh v. Inderjeet Mahtoon (12 Beng. L.R. 115) and of Bai Mahkor v. Bulakhi Chaku, (supra p 538) reverses the order of the District Judge and restores that of the Subordinate Judge with costs; but, in accordance with the course followed in the last-mentioned case, directs that the plaint be returned to the plaintiff in order that he may, if so advised, present the same in the proper Court.