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2019 (3) TMI 2019 - SC - Indian LawsCivil suit against the respondents for a declaration, damages and for grant of injunction etc. in the High Court at Calcutta - territorial jurisdiction - HELD THAT:- Since in this case the respondents did not file any written statement and instead raised the plea of territorial jurisdiction by filing the application for revocation of leave, the High Court should not have entertained the said application and instead should have granted liberty to the respondents(defendants) to file the written statement in the suit and to raise therein a plea of territorial jurisdiction of the Court. A plea of territorial jurisdiction is essentially a mixed question of law and fact. It is for this reason, the respondents(defendants) should be allowed to raise such plea in the written statement to enable the Court to try it on its merits in accordance with law in the light of the requirements of Order 14 of the Code of Civil Procedure, 1908 and other relevant provisions governing the issue on merits. The impugned orders are set aside - appeal allowed.
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