Point of law: When the respondent/plaintiff himself admitted about a particular fact in the plaint to constitute cause of action based on such particular admitted fact, the Court can decide the territorial jurisdiction of the Court as a preliminary issue, exercising power under Order XIV Rule 2 C.P.C

ORDER :

M. Satyanarayana Murthy, J.

1. This petition is filed under Article 227 of the Constitution of India, challenging the order in I.A. No. 339 of 2015 in O.S. No. 114 of 2011 dated 20-11-2015 passed by the VII Additional District and Sessions Judge, Vijayawada.

2. The petitioner herein is the defendant in O.S. No. 114 of 2011, filed I.A. No. 339 of 2015 under Order 14 Rule 2 and Section 151 of C.P.C. requesting to decide the territorial jurisdiction of the Court as preliminary issue.

3. It is alleged that the respondent herein/plaintiff filed O.S. No. 114 of 2011 for recovery of suit amount of Rs.11,39,421/- pending before VII Additional District and Sessions Judge, Vijayawada. The petitioner herein being the defendant in O.S. No. 114 of 2011 filed a written statement raising a specific plea that no part of cause of action arose within the territorial jurisdictional limits of VII Additional District and Sessions Judge's Court, Vijayawada and the said court lacks territorial jurisdiction to entertain and try the suit. Therefore, a preliminary issue regarding territorial jurisdiction of the Court is to be decided since an issue was framed specifically as to the territorial jurisdiction of VII Additional District and Sessions Judge's Court, Vijayawada and requested to try the preliminary issue and pronounce order(s) on the issue.

4. The respondent/plaintiff filed counter in I.A. No. 339 of 2015, denying material allegations, inter-alia contending that when an objection was raised by the office of the Court of VII Additional District and Sessions Judge, Vijayawada, and returned the plaint, the respondent/plaintiff complied with the objection. On satisfaction about the jurisdiction of the Court, the Court registered the plaint as suit, as such the petitioner herein/defendant is now claiming that VII Additional District and Sessions Judge's Court at Vijayawada has no territorial jurisdiction and the petitioner herein/defendant who now claims that the VII Additional District and Sessions Judge's Court at Vijayawada has no jurisdiction, he has to prove such contention only by adducing evidence. It is further contended that the territorial jurisdiction is a mixed question of law and fact and unless, it is established beyond doubt that no part of cause of action arises within the jurisdictional limits of the court, the court cannot decide the territorial jurisdiction as a preliminary issue, as such the petition is not maintainable. It is specifically contended in the counter affidavit that respondent herein/plaintiff has paid amounts to the petitioner herein/defendant as loan by way of demand drafts drawn from various banks at Vijayawada. All the demand drafts were handed over to the petitioner herein at Vijayawada and same were encashed from the banks at Vijayawada. Further duly signed account copies were provided by the defendant at Vijayawada. Hence, cause of action arose within the jurisdictional limits of Vijayawada and thereby lacking jurisdiction to the court does not arise and requested to dismiss the I.A. No. 339 of 2015.

5. The Trial Court by order dated 20-11-2015 dismissed I.A. No. 339 of 2015 filed by the petitioner/defendant holding that, a plain reading of Rule 2 of Order 14 C.P.C. shows that an issue may be tried as a preliminary issue only where it is an issue of law relating to jurisdiction of the court or a bar to the suit created by any law for the time being in force and where the case or any part thereof may be disposed of on such issue. Hence the trial court concluded that the territorial jurisdiction is mixed question of fact and law and the same cannot be decided based on the allegations made in the petition as a preliminary issue and dismissed I.A. No. 339 of 2015.

6. Aggrieved by the order in I.A. No. 339 of 2015 in O.S. No. 114 of 2011 dated 20-11-2015 passed by the VII Additional District and Sessions Judge, Vijayawada, the present civil revision petition is filed raising several contentions, more particularly