Date : 27.08.2025
Heard Mr. S. Sahu, the learned counsel appearing for the petitioner. Also
heard Mr. J. Baruah, the learned counsel appearing for the respondent.
2. This application has been filed under Article 227 of the Constitution of
India challenging the order dated 28.08.2024 passed by the learned Civil Judge
(Senior Division), Sonitpur, Tezpur, Assam in Title Suit No. 35/2021.
3. The petitioner being the defendant filed an application before the Trial
Court for framing a preliminary issue because the petitioner questioned the
territorial jurisdiction of the Trial Court to try the suit.
4. The Trial Court refused the said prayer.
5. Mr. Sahu has submitted that instead of framing the preliminary issue, the
Trial court has already traversed into the pleadings and decided that preliminary
issue.
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