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2022 (6) TMI 1307 - HC - Indian LawsTerritorial Jurisdiction - jurisdiction to entertain the Suit since no cause of action for the Suit arose within the jurisdiction of Kottayam district - HELD 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. Here, the Suit was instituted in the year 2013. When the written statement was filed as on 03.09.2013, the defendants categorically and wilfully admitted that part of the transaction was within the jurisdiction of the Sub Court, Kottayam. However, the learned counsel for the petitioner submitted that in the reply affidavit filed by the petitioner, the circumstances led to the above contention in the written statement has been explained and later it was revealed that the plaintiff does not have any factories or godowns in other place in Kottayam district except in Erattupetta. The procedure adopted by the learned Munsiff to decide the question of territorial jurisdiction during the final stage of trial cannot be justified and therefore, the said order is liable to be set aside - matter has to be remitted back to the trial court for deciding the question of jurisdiction afresh, as a preliminary issue of law.
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