TMI Blog2019 (3) TMI 2019X X X X Extracts X X X X X X X X Extracts X X X X ..... orial 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. - CIVIL APPEAL Nos.25542555 OF 2019 (Arising out of S.L.P.(C) Nos.1977719778 of 2017) - - - Dated:- 7-3-2019 - HON BLE MR.JUSTICE ABHAY MANOHAR AND HON BLE MR.JUSTICE DINESH MAHESHWARI. For the Appellant(s) : Mr.K.V.Viswanathan, Sr.Adv. Mr.Mainak Bose, Adv. Mr.Amitabh Ray, Adv. Mr.S.Sukumaran, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant as prayed for. 8. The respondents, on entering their appearance in the suit, filed an application and prayed therein for revocation of the leave granted to the appellant (plaintiff) for filing a civil suit by order dated 18.03.2016. 9. The respondentsdefendants, in substance, sought revocation of leave on the ground that since no part of cause of action arose within the territorial jurisdiction of the Calcutta High Court but it arose at Bangalore and hence the civil suit could not have been filed in Calcutta High Court for want of territorial jurisdiction. It was, therefore, prayed that the leave granted to the appellant to file and prosecute the civil suit in the Calcutta High Court(original side) is liable to be revoked. 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Calcutta High Court in the case of Secretary of State vs. Golabrai Paliram (AIR 1932 Calcutta 146) as to how the Court should approach the application for revocation of leave when it filed in a civil suit. 15. Justice Rankin, learned the then Chief Justice, laid down the following principle of law in the case while answering this question in the following words at page 147: I do really protest against questions of difficulty and importance being dealt with by an application to revoke the leave under clause 12 of the Letters Patent and to take the plaint off the file. Normally it is well settled that the proper way to plead to the jurisdiction of the court is to take the plea in the written statement and as a substantive part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew, 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. 19. An issue of such nature, in our view, cannot be tried by filing an application for revocation of leave. Indeed, this is what Rankin, the then CJ., held for the Bench in Secretary of State (supra) and which received approval of this Court in Indian Mineral Chemicals Co.(supra). 20. In our opinion, 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 st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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