Short Note : 1. The applicants-defendants sought to challenge the order made by the trial Court rejecting their objection to the maintainability of the suit before the said Court on the ground that though the suit, as originally filed, was for a claim above Rs. 10,000/- and was properly instituted but in view of the fact that during the course of trial the plaintiff had given up certain claim and accordingly the claim in suit having been reduced to Rs. 9,000/- only, the suit could not be further tried by the District Court and the plaint was liable to be returned under Order 7, Rule 10 of the Code of Civil Procedure as the suit may be transferred to the Court of Civil Judge Class-I, for disposal according to law. 2. Abandonment of claim pendente lite cannot be given retrospective effect so as to vitiate the institution of the suit. Recourse to the provision of Order 7, Rule 10 of Civil Procedure Code or transfer may be justified when it is found that the suit, as originally framed, was wrongly instituted. The mere fact that in course of the trial of a suit, plaintiff is found not to be entitled to a part of the relief or on giving up certain claim, the remaining part of the claim happens to be within the competency of a Court of lower grads if the suit had originally been confined to it does not give any authority to the Court under section 15 of the Code of Civil Procedure to transfer the suit or return the plaint by resorting to the provisions of Order 7, Rule 10 of the Civil Procedure Code. Once a suit is properly instituted and is legally pending, the operation of section 15 of the Code is exhausted. The section depends for its application upon that is actually claimed in the plaint as filed and not upon what ought to have been claimed or is ultimately found claimable. Revision dismissed.