JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

2. By the present petition, petitioner challenges order dated 14.07.2015 passed by the Civil Judge Senior Division, Aurangabad directing that the issue No. 2 relating to jurisdiction shall be tried as a preliminary issue.

3. Petitioner-plaintiff has filed Spl. C. S. No. 276 of 2009 for recovery of amount of Rs. 652.06 Lakhs along with interest. In para No. 32 of the plaint, following averments are made with regard to territorial jurisdiction.

32. The Plaintiff says that the Plaintiff resides at Aurangabad, the contractual work was to be executed near Sawangi village at Aurangabad-Jalgaon Road, which is within the territorial jurisdiction of this Hon’ble Court and the Defendant No. 2 being the local head at Aurangabad of the Defendant No. 1, as such, this Hon’ble Court has got territorial jurisdiction to try and entertain the suit.

4. Defendants have resisted the suit by filing their written statement. They have challenged the territorial jurisdiction of the Civil Court at Aurangabad by relying upon Clause 8.2 of the offer document, which reads thus :

“The contract shall be gover