A.N.Varma, J. - (1.) This is an application in revision under Section 115 of the Civil P. C. and is directed against the decision of the court below deciding a preliminary issue relating to territorial jurisdiction of the Court at Bareilly where the suit in question has been filed.
(2.) The relevant facts are these. The plain tiff-opposite-party filed a suit against the defendant-applicant and some others for damages for having published a defamatory article against the plaintiff, whereby it was falsely alleged that plaintiff No. 2 was the wife of plaintiff No. 1. A written statement was filed on behalf of the applicant raising various pleas. A plea was raised to the effect that the Court at Bareilly had no jurisdiction to try the suit, inasmuch as the newspapers in which the defamatory article is said to have been published, were not being published at Bareilly but at various other places. Another plea was raised to the effect that defendant No. 2 was wrongly impleaded in the suit as no part of any cause of action is alleged against her. Pleas of multifariousness were also raised.
(3.) On the basis of pleadings of the parties, issues were framed. Out of the issues framed, four issues were tried as preliminary issues. These issues were as follows: Issues No. 8. Whether the Court has no jurisdiction to try the suit? Issue No. 11. Whether the suit is bad for misjoinder of defendants? Issue No. 12. Whether the suit is bad for multifariousness and causes of action? Issue No. 13. Whether the matter in suit is sub judice. If so its effect?;