( 1 ) LEAVE granted.

( 2 ) THE plaintiff-respondents herein filed a suit with leave under clause xii of the Letters Patent before the High Court of Calcutta on its original side for recovery of Rs 87,20,000 from the defendant-appellant herein. In the said suit, the plaintiff-respondents moved an application under Chapter XIII-A of the Rules for summary disposal of the suit. The appellant filed a petition for revocation of leave. The appellant took an objection that the Court has no jurisdiction to entertain and decide the matter. The High Court in its original side held that the question relating to jurisdiction shall be decided at the hearing of the suit. However, the High Court directed the appellant to furnish security for a sum of Rs 55 lakhs by way of bank guarantee failing which there will be a decree for the principal amount of Rs 55 lakhs. It is against the said order, the defendant-appellant is in appeal before us.

( 3 ) HEARD counsel for the parties. We are of the view that the question regarding the jurisdiction of the Court was required to be decided as a preliminary issue. We, therefore, set aside the order under challenge and send the case back to the High Court to de