2022 (6) TMI 1307

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....d by the defendants to hear the issue of territorial jurisdiction of the Sub Court. 2. The respondents herein are the plaintiff and the 1st defendant respectively. 3. Heard the learned counsel for the petitioner as well as the 1st respondent in detail. Perused the materials placed along with the Original Petition, counter affidavit and reply affidavit. 4. The learned counsel for the petitioner argued that the petitioner herein filed I.A.No.2/2020 contending that the Sub Court, Kottayam, has no jurisdiction to entertain the Suit since no cause of action for the Suit arose within the jurisdiction of Kottayam district. It is submitted further that even though the issue of territorial jurisdiction shall be tried and decided as a preliminary ....

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....risdiction, though no such issue had been framed at all. 7. Per contra, the learned counsel for the 1st respondent submitted that the question of territorial jurisdiction raised by the petitioner herein is without bona fides. He submitted further that the defendants herein filed written statement in this case of 2013 as early as on 03.09.2013 and no plea as regards to the teritorial jurisdiction seen raised therein. He also submitted that in the written statement, there is wilful admission by the defendants to the effect that part of the transaction led to the Suit arose on different dates within the jurisdiction of Kottayam. The relevant paragraph in the counter affidavit is as under: "4. The petitioner filed written statement in the su....

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....sed at the instance of the defendants could not succeed, prima facie. 9. Coming to the core issue, I have no hesitation to hold that where the defendant alleged that the court has no jurisdiction to try the case and an issue is framed regarding jurisdiction, for the convenience of the parties same should have been tried as preliminary issue and if the court finds that it has no jurisdiction the plaintiff can very well proceed the litigation in the proper court. The finding regarding jurisdiction at the final stage would only cause undue hardship to the parties and also that when issue of law and facts are framed in a Suit, those relating to the jurisdiction to be tried at the first hand. 10. Here, the Suit was instituted in the year 2013.....

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.... interest of justice, by exercising discretion of this Court. 13. Section 20 of the Code of Civil Procedure provides as under: "20: Other Suits to be instituted where defendants reside or cause of action arises:-- Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction-- (a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or  (b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works fo....