JUDGMENT :

The 2nd defendant in O.S.No.202/2013 pending before the Additional Sub Court, Kottayam, has preferred this Original Petition under Article 227 of the Constitution of India, challenging the order in I.A.No.2/2020 in the above Suit (Ext.P3), whereby the learned Sub Judge posted the petition filed by the defendants to hear the issue of territorial jurisdiction of the Sub Court.

2. The respondents herein are the plaintiff and the 1st defendant respectively.

3. Heard the learned counsel for the petitioner as well as the 1st respondent in detail. Perused the materials placed along with the Original Petition, counter affidavit and reply affidavit.

4. The learned counsel for the petitioner argued that the petitioner herein filed I.A.No.2/2020 contending that the Sub Court, Kottayam, has no jurisdiction to entertain the Suit since no cause of action for the Suit arose within the jurisdiction of Kottayam district. It is submitted further that even though the issue of territorial jurisdiction shall be tried and decided as a preliminary issue, the Sub Court posted the said petition along with the Suit for considering the said question. According to the learned counsel for the petitioner