( 1 ) QUESTION of law referred to Division Bench by learned single Judge while hearing revision petition is as to whether a Court, which lacks jurisdiction to try a case, territorial or otherwise, can assume jurisdiction on concession of parties or on submission to the Court s jurisdiction by defendant.

( 2 ) FACTS in brief are that the second respondent filed a suit for recovery of damages against the Petitioner-Bank at visakhapatnam stating in the plaint that the court at Visakhapatnam has jurisdiction to entertain and try suit since the cause of action had arisen in Visakhapatnam. Petitioner (second defendant in the suit) filed written statement and an objection was taken that the Court has no territorial jurisdiction to entertain the suit as no transaction took place at Visakhapatnam. Thus, while filing written statement the petitioner did question the territorial jurisdiction of the Court to entertain and try the suit. Issues were framed but it appears that no issue was framed on the preliminary objection raised by the petitioner, as to whether Courts at Visakhapatnam have or have not jurisdiction try the suit. Issue as regards Court s territorial jurisdictio