5. Upon considera(cid:15)on of the rival submissions, the learned trial Court dismissed the applica(cid:15)on, holding that the objec(cid:15)on as to jurisdic(cid:15)on had not been raised at the earliest and stood waived, and further that the cause of ac(cid:15)on had arisen at Jalandhar, thereby conferring jurisdic(cid:15)on upon the trial Court.

6. Assailing the said order, learned counsel for the pe(cid:15)(cid:15)oner has argued that the trial Court has failed to appreciate the binding nature of the exclusive jurisdic(cid:15)on clause contained in the employment agreement and that once par(cid:15)es had agreed to confer jurisdic(cid:15)on upon the Courts at Mumbai, the plaint ought to have been rejected at the threshold.

7. Having heard learned counsel for the pe(cid:15)(cid:15)oner and perused the record, this Court does not find any merit in the present revision pe(cid:15)(cid:15)on.

8. It is an admi(ed posi(cid:15)on that the defendant had already filed wri(en statement and par(cid:15)cipated in the proceedings before raising the objec(cid:15)on regarding territorial jurisdic(cid:15)on. The applica(cid:15)on under Order VII Rule 11 CPC came to be filed at a belated stage when