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2010 DIGILAW 1361 (MAD)

M/s. Prima Agro Limited Rep. by its Managing Director Corporate and Regd Office Cochin & Others v. Mr. Hitesh Kanodia Proprietor, M/s. Hind Bulk Carrier Chennai

2010-03-30

M.JAICHANDREN

body2010
Judgment :- This Civil Revision Petition has been filed, against the order, dated 15.07.2009, made in I.A.No.4004 of 2009, in O.S.No.3766 of 2008, on the file of the learned XVIII Assistant Judge, City Civil Court, Chennai. 2. The learned XVIII Assistant Judge, City Civil Court, Chennai had dismissed the interlocutory application filed by the petitioners, in I.A.No.4004 of 2009, stating that the issue of jurisdiction raised by the petitioners, is a mixed question of law and fact and therefore, it cannot be decided, as a preliminary issue. It has also been stated that the issue relating to jurisdiction will be decided on the basis of the pleadings, documents and oral evidence, along with the other issues arising for consideration. 2. At this stage of the hearing of the Civil Revision Petition, the learned counsel appearing for the petitioner had pointed out that the issue relating to the jurisdiction of the Court had not been framed as an issue in the suit. Therefore, the question of the said issue being decided, along with the other issues at the time of the trial of the suit, would not arise. Therefore, the trial Court is wrong in coming to the conclusion that the issue of jurisdiction could be decided during trial of the suit, along with other issues. It had also been stated that in the written statement filed by the petitioners, in the suit, in O.S.No.3766 of 2008, the issue relating to the jurisdiction of the Court had been raised. 3. The learned counsel appearing on behalf of the respondent had stated that he has no objection for the trial Court framing the issue of jurisdiction, as one of the issues for trial. 4. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, this Civil Revision Petition stands dismissed. However, the learned XVIII Assistant Judge, City Civil Court, Chennai, is directed to frame the issue relating to jurisdiction of the Court, as one of the issues for trial and to hear the suit, in O.S.No.3766 of 2008, on merits and, in accordance with law, within a period of six months from the date of receipt of a copy of this order. With the above directions, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.