V.K. SHALI, J. (ORAL)

1. This is an appeal filed by the appellant against the order dated 16th May, 2012 passed by the learned Additional District Judge in Civil suit bearing No.282/2006 titled M/s Sethi Golden Transport Co. Vs. M/s Tata Blue Scope Steel Ltd. rejecting the application of the appellant under Order 7 Rule 11 CPC for rejection of the plaint on the ground of lack of territorial jurisdiction. It may be pertinent here to mention that the respondent herein had filed a suit for recovery of Rs. 11,55,516/- from the appellant. After completion of the pleadings of the parties, an issue with regard to the territorial jurisdiction was framed on the basis of the objections purported to have been taken by the appellant, which reads as under:-

“Whether this Court has no jurisdiction to try the suit? OPD”

2. The onus of proof of this issue was on the defendant/appellant, however, the appellant /defendant in order to ensure that the suit for recovery does not proceed against him, chose to file an application u/O 7 Rule 11 CPC raising the plea of territorial jurisdiction as a ground of rejection of the plaint. The said application was rejected by the impugned order. Though th