JUDGMENT : Kuldip Singh, J.(Oral) This petition under Article 227 of the Constitution of India is directed against the order dated 1.8.2012 passed by learned Civil Judge (Junior Division), Court No.II, Rohru, District Shimla, Himachal Pradesh in CMA No.162-6 of 2012 in Civil Suit No.150-1 of 2010, dismissing the application of petitioner herein under Order 7 Rule 10 Civil Procedure Code for return of the plaint. 2. The facts in brief are that respondent has filed a suit - for recovery of Rs. 2,50,000/- against the petitioner. It is not necessary to give further details of the plaint in view of short controversy involved in the matter. The petitioner has filed the written statement wherein several preliminary objections have been taken including objection that the Court has no territorial jurisdiction to try the suit. The respondent has filed the replication and has taken the stand in the replication that the Court has jurisdiction to try the suit. 3. The petitioner moved an application under Order 7 Rule 10 Civil Procedure Code, stating therein that the trial Court has no jurisdiction to try the suit and the submission has been made for return of the plaint. This application was contested by the respondent by taking several pleas including the plea that the application is not maintainable. It has been stated that earlier also the petitioner had moved an application under Order 14 Rule 2 (2) Civil Procedure Code for framing and deciding the issue of jurisdiction as preliminary issue which has been dismissed. 4. The respondent has filed the suit for recovery. The petitioner has taken the objection of territorial jurisdiction of the trial court. The objections raised by the petitioner in the written statement and in the application that the trial Court has no jurisdiction to try the suit cannot be decided without giving an opportunity to the parties to lead evidence in support of their respective pleadings. The trial Court has rightly appreciated the material on record. The earlier application of the petitioner for trying the issue of jurisdiction as preliminary objection has already been dismissed. There is no merit in the petition which is accordingly dismissed. The pending application is also disposed of. The interim order dated 6.11.2012 is vacated.