Territorial jurisdiction based on disputed facts cannot be rejected at leave stage; evidence is needed in the main suit.

Territorial jurisdiction under Clause 12 of the Letters Patent cannot be revoked summarily where the pleaded cause of action depends on disputed facts. In a design piracy suit under the Designs Act, 2000, the plaint alleged sale of the infringing biscuit packets within Chennai, making the jurisdictional question a mixed issue of fact and law. Because sales and distribution required evidence, the objection to jurisdiction had to be tried in the main suit rather than decided at the leave stage. The court therefore declined to apply forum conveniens to displace the pleaded jurisdictional basis and held the suit maintainable on the Original Side.

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Issues: Whether leave granted under Clause 12 of the Letters Patent to institute the suit in the Original Side could be revoked on the ground that no sufficient part of the cause of action was shown to have arisen within jurisdiction, and whether the jurisdictional objection required trial on evidence.

Analysis: The suit was one for piracy of registered designs under the Designs Act, 2000, and the plaint specifically asserted that the defendant's infringing biscuit packets were sold within Chennai. The question whether any part of the cause of action arose within the Court's jurisdiction depended on facts, including sales and distribution, and was therefore not suitable for summary determination on the revocation application alone. The pleadings, the surrounding circumstances, and the nature of the controversy showed that the jurisdictional issue was a mixed question of fact and law, to be decided with evidence in the main suit. In these circumstances, the doctrine of forum conveniens and the absence of a special jurisdictional provision in the Designs Act did not justify revocation of leave at the threshold.

Conclusion: The revocation of leave was not justified and the suit was held maintainable on the Original Side, in favour of the appellant.

Final Conclusion: The impugned order revoking leave was set aside, and the parties were left to work out their rights in the main suit on merits.

Ratio Decidendi: Where territorial jurisdiction turns on disputed facts relating to cause of action, leave granted under Clause 12 of the Letters Patent should not be revoked summarily; such jurisdictional objections must ordinarily be decided on evidence in the main suit.

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