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2008 Supreme(SC) 293
TARUN CHATTERJEE & HARJIT SINGH BEDI
M/S. AVN TUBES LTD - PETITIONER
Versus
SHISHIR MEHTA - RESPONDENT
CIVIL APPEAL NO.1430 OF 2008
(Arising out of SLP(C)No.18514 of 2005)
Decided On : 20/02/2008
The court ruled that the issue of territorial jurisdiction can be decided by the trial court along with other issues of the suit to serve the ends of justice, provided the trial court is not influenced by prior observations of the lower court or High Court.
Headnote:(A) Territorial Jurisdiction - Decision on jurisdiction - Trial court directed to decide the issue of territorial jurisdiction along with other issues of the suit - Ends of justice would be served if the issue is decided at the trial level without being influenced by previous observations of the trial court or the High Court - If the trial court concludes it lacks territorial jurisdiction, the suit may be dismissed; otherwise, it shall be decided on merits.
Facts of the case:
A suit was instituted in a trial court where the defendant raised an objection regarding territorial jurisdiction. The trial court rejected this objection. Subsequently, the High Court, in a revision petition, held that the trial court lacked territorial jurisdiction. This order was challenged before the Supreme Court.
Findings of Court:
The court observed that the ends of justice would be served if the issue of territorial jurisdiction were decided by the trial court along with other issues of the suit, provided the trial court is not influenced by prior observations of the lower court or the High Court.
Issues: Whether the issue of territorial jurisdiction should be decided by the trial court along with other issues of the suit instead of being determined definitively at the revision stage.
Ratio Decidendi: To facilitate the ends of justice, an issue regarding territorial jurisdiction may be remitted to the trial court to be decided concurrently with other issues of the suit, provided the trial court is not influenced by prior judicial observations.
Result: Appeal is disposed of.
Legal Category Hierarchy
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practice and procedure
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civil procedure
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jurisdiction
- territorial jurisdiction
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jurisdiction
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civil procedure
JUDGMENT
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. This objection was raised by the defendant before the trial court which was rejected by it. Being 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 instituted has territorial jurisdiction to decide the suit or not, we feel that the ends of justice would 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 observations 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 issues. 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 dismissed on that ground. Otherwise, the trial court shall decide the suit on merits. With this direction, the appeal is disposed of. There shall be no order as to costs.
