M/S UNITED VANASPATI LIMITED CHANDIGARH AND ANOTHER Vs. M/S SHRI VARDHMAN SOLVEX PRIVATE LIMITED, GOHANA ROAD, PANIPAT

JUDGEMENT

(1.) THE plaintiff -respondent filed a suit against the defendant -petitioners which is pending in the Court of the learned Sub Judge 1st Class, Panipat. It is based on the purchase orders which, inter -alia, contained a condition to the following effect: -

(2.) THE petitioners bled an application praying that the above issue should be tried as a preliminary issue as it was mainly an issue of law and relates to the jurisdiction of the Court. This application has, however, been dismissed by the learned trial Court vide order dated 9 -5 -1988. Aggrieved against the same, the petitioners have approached this Court through the present revision petition.

(3.) IT is to be noted that under section 21 of the Code no objection as to the place of suing is allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issue are settled at or before such settlement, and unless there has been a consequent failure of justice. In case issue No. 3 is decided along with the other issues and resultant decree is passed by the trial Court and the petitioners are aggrieved against the same, they shall not be entitled to take an objection in the Appellate Court as to the territorial jurisdiction of the trial Court unless it shows that there has been a consequent failure of justice. Order XIV, rule 2 of the Code, inter -alia, lays down that where issues both of law and fact arise in the same suit and the Court is of the opinion that the case or any part thereof may be disposed of on an issue of law only it may try that issue first if that issue relates to the jurisdiction of the Court, or a bar to the suit created by any law for the time being in force. Issue No. 3 mentioned above relates to the jurisdiction of the Court. It is an issue of law. No doubt certain facts like the conditions contained in the purchase orders have to be adverted to for deciding this issue of law. Issue No. 3 however, does not cease to be an issue of law only, within the meaning of rule 2 ibid when reference to the above fact is to be made by the trial Court.