NEW INDIA INSURANCE COMPANYLTD Vs. RAM NARESH SINGH

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS application has been filed against the impugned order, by which the court below has rejected the objection filed on behalf of the defendant that Aurangabed court had no jurisdiction to try the suit.

(3.) LEARNED Counsel appearing on behalf of the plaintiff submitted that plaint shows that part of the cause of action has accrued within the jurisdiction of the Aurangabad court; whereas LEARNED Counsel appearing on behalf of the defendant has disputed this fact. In my view, this question, should be decided afresh by the trial court. I am told that both the parties have led evidence on merit of the suit. In view of this I, direct the trial court to frame an issue whether Aurangabad court has territorial jurisdiction over the present suit. On this issue he will give opportunity to both the parties to lead evidence. This issue shall be also decided along with the other issues in the suit at the time of final judgment, as on merit of the suit parties have led evidence.