Arun Kumar, J. - (1.) The respondent filed a suit for declaration and permanent injunction against the appellant with the following prayers :"(a) declaring that the transfer order of the plaintiff dated 11-1-86 issued by the Secretary of the first defendant-company from its Head Office to the Shankar Rice Mill Godown, Shimoga belonging to M/s. Bharath Founders is illegal, void and inoperative and further declare that the plaintiff is to be in the service of the first defendant-company and she is entitled to all the emoluments including her salary. (b) for permanent injunction restraining the defendants from holding any enquiry against the plaintiff on the ground that she has not complied with the order of transfer dated 11-1-86 and she is guilty of insubordination etc. as stated in the articles of charges dated 17-1-87 and enquiry indicated in the notice dated 2-2-87."
(2.) The appellant while denying the averments contained in the plaint took an objection that the Civil Court had no jurisdiction to try the suit. The trial Court framed various issues in the suit. The relevant issue for the present purpose is : "Issue No. 5 : Whether defendant No. 1 proves that this Court has no jurisdiction to try the suit."
(3.) The trial Court decided the said issue in favour of the defendant and held that the Court had no jurisdiction to entertain the suit as it was not maintainable and the plaint was liable to be rejected. The appeal filed by the respondent-plaintiff against the said judgment of the trial Court remained unsuccessful. The judgment of the trial Court on Issue No. 5 was affirmed by the appellate Court while dismissing the appeal. The respondent-plaintiff filed a regular second appeal against these judgments. The appeal succeeded. The High Court held that the defendant had failed to prove that the suit was not maintainable before the Civil Court. The trial Court was directed to dispose of the suit on merits in accordance with law. The defendant has filed the present appeal against the judgment of the High Court.;