SHYAMA SUNDAR MOHAPATRA Vs. JANAKI BALLAV PATNAIK

JUDGEMENT

(1.) The point that arises for decision in this appeal is whether in the facts and circumstances of the case the issue relating to jurisdiction of the Court to entertain the suit in respect of defendant No. 4 should be tried as a preliminary issue. The question having been answered in the negative by the learned trial Judge, defendant No. 4 in the suit filed this appeal under Clause 10 of the Letters Patent of the Orissa High Court challenging the said order of the learned trial Judge.

(2.) Original Suit No. 1 of 1987 was filed by the respondent No. 1 against the appellant and respondents 2 to 4 claiming damages and special damages for publishing certain articles allegedly containing scandalous and libellous matters imputing the plaintiff's moral character. The suit was initially filed in the court of the Subordinate Judge, Bhubaneswar which has transferred subsequently to this Court. It is now pending before Justice Shri K.P.Mohapatra for trial. In the suit one of the issues framed is to the effect "5. Has the Court jurisdiction to entertain the suit in respect of the defendant No. 4 ?". The appellant filed an application under Order 14, Rule 2, Civil Procedure Code (for short, 'the Code') to try this issue as a preliminary issue. The petition was rejected by the learned trial Judge by order dated 24-5-88. The appellant seeks to assail this order in this appeal filed under Clause 10 of the Letters Patent of the Orissa High Court.

(3.) Since the point is simple and the contesting respondent, i.e., the plaintiff appeared through counsel at the stage of admission, with consent of the counsel for both parties we heard the case for final disposal and it is being disposed of by this order.