pvr １ lpa228-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.228 OF 2011 IN WRIT PETITION NO.6183 OF 2011 M/s.Manigraph India Pvt.Ltd. ...Appellant vs. Shashikant Narayan Patil. ...Respondent --- Mr.V.P.Vaidya, for Appellant. Ms.Jane Cox, for Respondent. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 30th August,2011. P.C.:- 1. Heard. The learned Labour Court rejected the application filed by the petitioner for trial of issue as to the jurisdiction of the Court, as preliminary issue, on the ground that it was not a pvr ２ lpa228-11 pure question of law. The learned Single Judge has endorsed that finding. In our opinion, the view taken by the Labour Court and the Learned Single Judge that if the issue of jurisdiction involves leading of evidence then that issue cannot be tried as preliminary issue, but it should be tried alongwith other issues, is in consonance with the scheme of the Civil Procedure Code which contemplates that the issue which involves pure question of law only be tried as preliminary issue. In our opinion, this is not a case where the Appeal Court should interfere at the stage when the trial is pending before the Labour Court. The appeal is, therefore, rejected. As appeal is disposed of, Civil application no.295 of 2011 does not survive for consideration, it is disposed of. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)