1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.12 OF 2009 IN APPEAL FROM ORDER NO.771 OF 2009 Life Insurance Corporation of India. ..Petitioner. Vs. M/s. Shapers Private Ltd. and anr. ..Respondent. Dr.P.Advani along with Ms.Bharati Mahant & Prachi Manekar i/by M/s. The Law Point for the Petitioner. CORAM : R.S. MOHITE, J. DATE : 7TH DECEMBER, 2009 PC : 1 This review petition seeks review of my order dated 30.9.2009 wherein relying upon the judgment of the Division Bench of this court in the case of Meher Singh Vs. Deepak Sawhny reported in 1999(1) B.C.R. 107, I have allowed the appeal with direction to the trial court to frame the issue under section 9A and decide the same first. In the review petition, it is sought to be contended that the issue of jurisdiction was 2 decided in the notice of motion itself. In my view, that is not the requirement of law. The jurisdiction issue has to be framed in the suit and as observed by the Division Bench of this court the parties are at liberty to lead evidence on the said issue, if they so desire. Issue cannot be framed and decided in the notice of motion. Without framing the issue in the suit, without treating it as preliminary issue and without allowing the parties to lead evidence if they so desire, the said preliminary issue cannot be decided. No case is made out for review. Hence, petition is rejected. ( R.S. MOHITE, J.)