( 1 ) THIS case has come up before this Full Bench in somewhat peculiar circumstances. In a suit instituted by the plaintiff-non-applicant at Mandsaur claiming damages for breach of contract against the defendant applicant, who is a resident of Raipur, the defendant in his written-statement among other pleas challenged the territorial jurisdiction of the Mandsaur court On the pleadings of the parties the learned trial court framed as many as seven issues including the issue about jurisdiction. Thereafter, the defendant applicant submitted an application under Order 14 Rule 2 and order 15 Rule 2 read with Section 151 C. P. Code praying that the issue about jurisdiction should be tried as a preliminary issue. The learned trial court, looking to the pleadings of the parties and the nature of controversy involved in the suit felt that the issue of jurisdiction could not be decided without recording evidence on all the issues, and therefore by its order dated 12-3-1976, directed that evidence of the parties on all the issues shall be first recorded and issue about jurisdiction shall be decided and thereafter, other issues shall be decided. Being aggrieved by this order,