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CASE NO.: Appeal (civil)  1430 of 2008

PETITIONER: M/S. AVN TUBES LTD

RESPONDENT: SHISHIR MEHTA

DATE OF JUDGMENT: 20/02/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT O  R  D  E  R

CIVIL APPEAL NO.1430 OF 2008  (Arising out of SLP(C)No.18514 of 2005)                          

       Leave granted.         This appeal is directed against an order dt.02.05.2005 passed by the High Court of  Madhya Pradesh, Jabalpur Bench at Gwalior in Civil Revision No.226/2003 by which the High  Court has held that the court at Gohad has no territorial jurisdiction to try the suit.  Thi s  objection was raised by the defendant before the trial court which was rejected by it.  Bein g  aggrieved by the order of the trial court, the respondent herein moved the High Court by way  of  Civil Revision which was allowed by the High Court.  That order is under challenge before us .         Without going into the merit as to whether the court in which the suit has been inst ituted  has territorial jurisdiction to decide the suit or not, we feel that the ends of justice wou ld be  served if the  issue regarding territorial jurisdiction is taken up and decided  

by the trial court along with other issues without being influenced             by the obser vations  made either by the trial court or by the High Court in the Revision Petition.  Consequently,  the  trial court in which the suit has been instituted shall proceed to decide the suit on all is sues.  In  the event, the trial court comes to the conclusion that the court in which the suit has been   instituted does not have the territorial jurisdiction to decide the same, the suit can be di smissed  on that ground.  Otherwise, the trial court shall decide the suit on merits.  With this dire ction, the  appeal is disposed of.  There shall be no order as to costs.