- (1.) This application has been taken out by the defendant No.1 at a belated stage for revocation of leave granted under Clause 12 of the Letters Patent. The suit was instituted with leave under clause 12 in the year 2013. The plaintiff is presently in the box giving evidence. At this juncture, the present application has been taken out.
(2.) It is settled law that an application for revocation of leave under Clause 12 of the Letters Patent or any other demurer application has to be decided on the basis of averments made in the plaint and assuming such averments to be true and correct. The defendant/applicant's contention is that no part of the plaintiff's alleged cause of action has arisen within the jurisdiction of this Court. However, I have gone through the plaint carefully and clearly there are averments in the plaint that publications of the document which is complained of in the suit took place both within and outside the jurisdiction of this Court. At this stage, such averments will have to be taken to be correct.
(3.) Whether or not the averments in the plaint regarding arising of part of cause of action within the jurisdiction of this Court are factually correct or not can only be decided on evidence at the trial of the suit. Accordingly, this application fails. The issue of territorial jurisdiction of this Court to entertain and try the suit shall be decided as a preliminary issue at the trial of the suit. Since no affidavit in opposition has been called for, the allegations contained in the petition are deemed not to be admitted. GA No.3795 of 2015 is accordingly disposed of. Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.;