Territorial jurisdiction objections should be decided first when raised early, before the court proceeds to the merits.

An objection to territorial jurisdiction raised at the threshold should ordinarily be decided first as a preliminary issue because jurisdiction is a pure question of law. Under Order XIV Rule 2 CPC, where the Court lacks jurisdiction, the matter ends without examination of the merits. The earlier direction to take up the writ petition for final hearing before deciding jurisdiction was therefore not in accordance with law, and that order was set aside.

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Issues: Whether an objection to territorial jurisdiction, raised at the earliest stage, must be decided as a preliminary issue before the Court proceeds to the merits of the writ petition.

Analysis: Where a party specifically challenges the Court's territorial jurisdiction at the threshold, the jurisdictional question is a pure issue of law that should ordinarily be decided first. Under Order XIV Rule 2 of the Civil Procedure Code, the Court may try such an issue first when it relates to jurisdiction, and if jurisdiction is lacking, the matter ends without examination of the merits. The earlier approach of directing final hearing without first deciding jurisdiction was therefore not in accordance with law.

Conclusion: The jurisdictional objection was required to be decided as a preliminary issue, and the earlier order directing the petition to be heard finally was set aside.

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