V. RAMASWAMI, J. :- This is an appeal against the order of the learned Judge, Shanmukham J. trying the following two issues as preliminary issues and giving a finding thereon -

1. Is the suit not maintainable in view of the dismissal of C.S. 548 of 1981?

2. Is the suit liable to be dismissed as the cause of action does not arise under the Admiralty Jurisdiction of the court ? On the first issue, the learned Judge held against the defendant and found that the suit is maintainable. On the second issue, though the learned Judge agreed with the defendant that the cause of action does not arise under the Admiralty Jurisdiction of this Court, treated the suit as one filed under the Ordinary Original Jurisdiction of this Court and in that view the suit was held not liable to be dismissed. It is against this finding that the defendant has preferred this appeal.

2. Before dealing with the arguments in the appeal, it is necessary to set out certain facts. The plaintiff is a firm of partnership registered under the Partnership Act. It was so registered on 30-11-1981. Prior to its registration, as an unregistered firm, C.S. 548 of 1981, was filed on 24-11-1981, invoking the Admiralty Jur