JUDGMENT Here is a case where the learned Court below has kept the preliminary point, that was raised in relation to the territorial jurisdiction of the Court, open to be decided at the time of trial and proposed to proceed with the hearing of the injunction matter in the Suit. 2. If the Court has no territorial jurisdiction to entertain the Suit, the question of hearing the injunction matter cannot arise and if is conceded by the learned Counsel for the Caveator that the preliminary point with regard to the want of jurisdiction is a point which goes to the root of the matter and has to be decided first. 3. The Impugned order really suffers from the illegality by reasons of the fact that the learned Judge has deferred the consideration of the jurisdictional point till the decision in taken at the time of trial. 4. The impugned order is accordingly set aside. 5. It is submitted that the injunction matter is fixed for hearing on 28th April, 1999. The learned Court below is accordingly directed to fix a date prior to 28.4.99 for hearing and disposing of the jurisdictional point. 6. The learned Counsel for the parties submit that they are agreeable to have the jurisdictional point heard on 8th April, 1999. The learned Judge is accordingly requested to see that it is taken up on 8th April, 1999, if it is not otherwise inconvenient for him to do, or any day thereafter so that the preliminary point regarding want of territorial jurisdictional could be decided before the injunction matter is taken up. 7. The application is accordingly disposed of. 8. Lee a copy of this order be communicated to the trial Court forthwith. Xerox certified copy of this order, if applied for, be furnished within seven days from the date of filing of the application.