( 1 ) THE petitioner - original defendant i. e. Oriental Bank of Commerce has filed this petition under Articles-226 and 227 of the constitution of India, praying for quashing and setting aside the order dated 4. 1. 2005 passed by the learned 5th Jt. Civil Judge (S. D.) at Jamnagar, dismissing the preliminary objection / application below ex. 12 filed by the petitioner Bank - original defendant in Regular Civil Suit No. 647 of 2004. The petitioner Bank has also prayed for declaration that the learned 5th Jt. Civil judge (S. D.) at Jamnagar has no power, authority and/or jurisdiction to try, entertain and dispose of the Civil Suit of the nature filed by the present respondent - original plaintiff.

( 2 ) THIS Court has issued notice on 4. 2. 2005 and by way of interim relief this court has restrained the trial Court from deciding the matter till this petition is heard by this Court. This Court has thereafter issued rule on 22. 3. 2005 and interim relief granted by this Court earlier was ordered to be continued.

( 3 ) IT is the case of the petitioner -Bank that the petitioner - Bank is the original defendant, against whom the respondent has filed the suit being Regular c