- (1.) Here is a case where the learned Court below has kept the preliminary point, that was raised in relation to the territorial jurisdiction of the Court, open to be decided at the time of trial and proposed to proceed with the hearing of the injunction matter in the Suit.
(2.) If the Court has no territorial jurisdiction to entertain the Suit, the question of hearing the injunction matter cannot arise and it ts conceded by the learned Counsel for the Caveator that the preliminary point with regard to the want of jurisdiction is a point which goes to the root of the matter and has to be decided first.
(3.) The impugned order really suffers from the illegality by reason of the fact that the learned Judge has deferred the consideration of the jurisdictional point till the decision in taken at the time of trial.;