AVN Tubes Ltd Vs. Shishir Mehta  Insc 226 (20 February 2008)
Chatterjee & Harjit Singh Bedi
O R D
E R CIVIL APPEAL NO.1430 OF 2008 (Arising out of SLP(C)No.18514 of 2005)
appeal is directed against an order dt.02.05.2005 passed by the High Court of
Madhya Pradesh, Jabalpur Bench at Gwalior in Civil Revision No.226/2003 by which the High Court has held that the
court at Gohad has no territorial jurisdiction to try the suit. This objection
was raised by the defendant before the trial court which was rejected by it.
Being aggrieved by the order of the trial court, the respondent herein moved
the High Court by way of Civil Revision which was allowed by the High Court.
That order is under challenge before us.
going into the merit as to whether the court in which the suit has been
instituted has territorial jurisdiction to decide the suit or not, we feel that
the ends of justice would be served if the issue regarding territorial
jurisdiction is taken up and decided by the trial court along with other issues
without being influenced by the observations made either by the trial court or
by the High Court in the Revision Petition. Consequently, the trial court in
which the suit has been instituted shall proceed to decide the suit on all
issues. In the event, the trial court comes to the conclusion that the court in
which the suit has been instituted does not have the territorial jurisdiction
to decide the same, the suit can be dismissed on that ground. Otherwise, the
trial court shall decide the suit on merits. With this direction, the appeal is
disposed of. There shall be no order as to costs.