S. Sankarasubban, J.—This F.A.O. is filed against the Judgment passed by the court below on 13.1.2004 in O.S. No. 16 of 2001 of the 3rd Additional Sub Court, Ernakulam. By the impugned Judgment. the court below has held that it has no territorial jurisdiction to entertain the suit. Hence. the suit was returned for presentation before proper court. The plaintiff has come in appeal. The facts of the case are as follows:–

2. Plaintiff in this case in M/s. Baby Marine Sarass. a Partnership Firm registered under the Indian Partnership Act and having its registered office at Majaly, Karwar, Karnataka represented by its Managing Partner George K. Ninan. The first defendant is M/s. Triton Marinex, Revathala, Malvin District, Sindhu Durg, Maharashtra. Second defendant is Arvind Varma, Maharashtra and the third defendant is Sumedha Varma. The suit was filed for money due under a cheque. According to the plaintiff. it is engaged in the business of processing and export of marine products and the first defendant is engaged in the business of purchasing, procuring and collecting marine products. The first defendant is a partnership concern and defendants 2 and 3 are its partners. By vi