Chagla, C.J.

(1) This appeal raises a very interesting and important question as to the jurisdiction of this Court. Mr. Justice Shah took the view that this Court had no jurisdiction to try the plaintiffs suit, and on that ground he dismissed it. It is from that order of dismissal that the plaintiff has come in appeal before us.

(2) A preliminary observation may be not out of place as to the manner in which issues as to jurisdiction should be tried. Mr. M. V. Desai has made a grievance that the learned Judge took the view that an issue with regard to jurisdiction is always an issue of law and must be tried as a preliminary issue. I do not think that this grievance is fully justified. As I read the judgment, the learned Judge has tried this issue as an issue of law because, for the purpose of his decision, he has assumed that all the facts averred by the plaintiff in his plaint are proved, and, therefore, this issue has been tried on a demurrer.

Now, it is open to a Court to take the view that, even if the plaintiff were to establish all the facts alleged by him the Court would have no jurisdiction. In that view of the matter, a preliminary issue on a demurrer will arise, and t