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Issues: Whether an order deciding a preliminary jurisdictional objection in a suit was a final and appealable judgment, and whether the appeal against such order was maintainable.
Analysis: An order on a preliminary objection is appealable only if it amounts to a judgment finally determining the rights of the parties so far as the court passing it is concerned. Where the objection is to territorial jurisdiction, the order is not final if the suit cannot be dismissed on that ground and the plaint may still be returned for presentation to the proper court under Order 7 Rule 10 of the Code of Civil Procedure, 1908. A decision that the court has jurisdiction at the preliminary stage is therefore prima facie and does not amount to a final adjudication. The existence of cause of action within the forum was also not decisive enough to make the preliminary order final for appeal purposes.
Conclusion: The appeal was not maintainable and was liable to be dismissed.
Final Conclusion: A preliminary ruling on jurisdiction, which does not conclusively terminate the suit and remains open to correction by return of the plaint, is not a final judgment for appeal purposes.
Ratio Decidendi: An order on a preliminary jurisdictional objection is appealable only if it finally determines the cause so far as the court is concerned; where the plaint can still be returned under Order 7 Rule 10, the order is not final and no appeal lies at that stage.
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